Cp970.03l 
C52m5l 


Memorial  of  a  Delegation 
of  the  Cherokee  Nation 
1838 


of  t|)e 

Oniuerisiitp  of  s^otth  Carolina 


Collection  of  jRottj^  Catolintana 

^nHotDeH  b? 

Holin  ^prunt  ^ill 

of  ti)e  eria00  of  1889 


00032197694 

This  book  must  not 
be  taken  from  the 
Library  building. 


25th  Congress,  f   Doc.     No.    99.    ]  Ho.  of  Reps. 

2d  Session. 


3IEMORIAL 


A  DELEGATION  OF  THE  CHEROKEE  NATION; 

Remhnstrating  against  the  instrurnent  of  luriiing  (-ireaty )  of  De- 
cember, 1835.  '     • 


January  15,  1838. 
Printed  by  ordec  of  the  House  of  Representatives,   v. 


To  the  honorable  the  Senate  and  House  of  Representatives  of  the  United 
States  in  Congress  assembled : 

The  memorial  and  petition  of  the  undersigned,  a  delegation  appointed  by 
the  Cherol^ee  nation,  on  behalf  of  themselves  and  their  constituents, 

Respectfully  sheweth  :  ^• 

That,  at  the  session  of  your  honorable  bodies  held  during  the  preceding 
winter,  a  memorial  was  prepared  to  lay  before. your  honorable  bodies,  on 
behalf  of  tlie  Cherokee  nation,  setting  forth  their  grievances.  This  paper 
was  laid  before  the  Senate,  but  no  opportunity  presented  itself  to  submit 
it  to  the  House  of*  Representatives.  To.  this  document  the  undersigned 
pray  leave  to  refer  as  part  of  this,  their  present  petition,  and  to  request 
that  it  may  receive  your  attention  .anii  regard.  Subsequent  to  the  termi- 
nation of  that  session  of  Congress,  and. after  the  installation  of  the  present 
Chief  Magistrate  in  the  Executive  ;chair,  we  addressed  to  him  a  memorial, 
a  copy  of  which  is  appended,  and  to  the  contents  of  which  we  implore 
your  earnest  attention.  'The  documents  referred  to  in  those  papers  are  on 
the  files  of  your  honorable  bodies,  or  in  the  War  Department. 

Since  that,  period  the  .Cherokee  people  have  again,  in  full  national  coim- 
cil,  appointed  the  undersigned,  as  their  representatives,  to  lay  before  the 
Government  of  the  United  States  a  statement  of  their  condition,  and  clothed 
them  with  full  authority  to  enter  into  such  arrangements  as  may  be  concur- 
red in  by  the  United  States.      These  proceedhigs  are  herewith  submitted. 

A  special  agent  of  the  United.  States  was  at  that  time  in  our  country.  A 
copy  of  the  resolutions  of  the  general  council  was  transmitted  to  him,  and 
an  opportunity  was  otiered  that  gentleman  of  seeing  for  himself  what  was 
the  position,  and  ascertaining  for  himself  what  were  the  opinions  and  sen- 
timents of  our  people.  .  . 

That  gentleman  won  for  himself  our  respect  and  high  regards.  Doubt- 
less he  has  conmiunicated  to  the  Executive  the  result  of  his  observations  ; 
and  such  is  the  confidence  we  repose  in  him,  that  we  feel  assured  his  rep- 
resentations accord  with  the  facts.  .• 

Thomas  Allen,  print.  ..." 


2  [  Doc.  No.  99.  ] 

Although  we  had  not  consummated  with  him  any  arrangement,  yet  his 
concihatory  tone,  and  the  sympathy  he  expressed  towards  us,  reanimated 
our  hopes  ;  and  when,  upon  our  arrival  at  this  place,  and  having  had  an 
interview  with  the  President,  we  learned  that  he  was  to  he  the  organ  of 
communication  between  us  and  the  War  Department,  we  could  not  but  in- 
dulge the  expectation  that  we  might  yet  conclude  such  an  arrangement  as 
would  be  mutually  and  equally  satisfactory. 

This  cup  of  hope  has  been  dashed  from  our  lips.  The  negotiations  with 
him  have  been  terminated  ;  and  the  Secretary  has,  while  refusing  to  treat 
with  us  upon  any  basis  that  we  could  su.ggest,  and  declining  to  intimate 
to  us  what  the  Executive  would  be  disposed  to  grant,  intimated  to  us  the 
fixed  and  unalterable  determination*  to  enforce  upon  us  the  stipulations  of 
the  fradulent  and  invalid  instrument  purporting  to  be  a  treaty  negotiated 
at  New  Echota  in  1535. 

Such  being  the  decision  of  the  Executive,  we  have  no  alternative  but  an 
appeal  to  your  honorable  bodies.  No  denial  has  been  given  to  our  state- 
ment of  the  facts  connected  with  that  document ;  it  is  not  asserted  that  it 
was  fairly  and  honestly  made  ;  it  is  not  alleged  that  it  was  negotiated  with 
persons  authorized  to  represent  and  to  bind  our  nation ;,  it  is  not  intimated 
that  it  ever  was  authorized  or  recognised  by  our  people.  Indeed,  there 
could  be  no  shadow  of  ground  upon  which  to  question  or  to.  controvert 
our  assertions  upon  these  pomts. 

Yet  we  are  told  that  the  Executive  has  no  discretion — ^lias  no  power  to 
disregard  it,  or  to  enter  into  any  arrangement  inconsistent  with  its  provis- 
ions. And  this  is  substantially  all  the  answer  we  can  obtaiil.  On  a  for- 
mer occasion,  when,  lu^er  similar  circumstances,  it  was  represented  to  the 
Government  of  the  United  States  that  an  instrument,  purporting  to  be  a 
treaty,  had  been  executed  by  parties  unauthorized  by  those  whom  they 
professed  to  represent,  an  -inquiry  was  instituted,  the  truth  of  the  allega- 
tions ascertained,  and  the  Executive  promptly  redressed  the  wrong.  A 
new  treaty  was  concluded,  the  first  provision  of  which  was  to  annul  that 
which  had  been  imposed  by  fraud  upon  the  President  and  Senate.  It  was 
from  looking  to  that  case  that  we  have  erred,  if  we  were  wrong  m  sup- 
posing that  it  was  the  Executive  to  whom  Ave  were  to  address  ourselves. 

But  we  cannot,  and  will  not,  yet  believe  that  we  are  remediless  ;  that 
because,  from  imperfect  knowledge  of  the  circumstances  of  the  case,  those 
who  signed  the  instrument  of  which  we  complain  were  supposed  to  be  au- 
thorized, and  therefore  the  validity  of  their  acts  was  presumed — -that  when 
the  contrary  is  alleged,  all  inquiry  will  be  refused,  and,  when  proved,  the 
United  States  will  persevere  in  demanding  at  om*  hands  the  fulfilment  of 
the  stipulations  of  a  void  and  fraudulent  contract. 

We.  cannot  for  a  moment  suspect  that  either  the  disposition  or  the 
power  is  wanting  to  annul  this  instrument,  if  it  be  ascertained  to  be  open 
to  the  objections  we  have  urged  against  it.  Knowing,  as  we  do,  that 
these  objections  are  true  to  their  very  letter,  we  have  never  relinquished 
the  hope  that  we  should  ultimately  receive  justice. 

A  charge  has  been  made  against  some  of  our  number  that  we  have 
misled  our  people,  by  inducing  them  to  entertain  false  hopes.  In  the 
most  solemn  manner,  and  with  a  due  sense  of  the  responsibility  we  incur, 
we  assert  that  the  only  hopes  we  ever  encouraged  Avere,  that  the  United 
States  would  never  perpetrate  injustice  and  wrong  against  those  over 
whom  they  had  voluntarily  assumed  the  relationship  of  guardian  and 


CS  Z  \-r^  B 
[  Doc.  No.   99.  ]  S 

protector  ;  that  they  would  Usten  to  our  remonstrances,  hear  our  petition, 
investigate  the  facts,  and  decide  in  conformity  with  the  immutable  princi- 
ples of  equity,  justice,  and.  good  faith.  If  these  be  false  hopes,  we  shall 
admit,  not  only  that  we  have  been  egregiously  deceived  ourselves,  but 
have  been  instrumental  in^ deceiving  others. 

Independently'of  our  objections  to  the  instrument  in  question,  we  have 
other  causes  of  complaint  to  lay  befo-re  your  honorable  bodies.  We  com-  , 
plain  of  the  outrages  which  have  been  inflicted  upon  our  persons,  and 
property,  lawless  arrests,  open  acts  of  violence  perpetrated  upon  both. 
•We  complain-  of  sending  among  us  a  large  armed  force,  of  the  attempts 
made  to  prevent  the  expression  of  opinion  among  us,  of  the  arrest  and 
imprisonment  of  our  persons,  of  the  expulsion  of  our  people  from  their 
homes  ;  fojr  which,  even  the  document  in  question  furnishes  no  ground  oi 
cause.  All  these,  however,  sink  into  insignificance  when  compared  with, 
the  one  overwhelming  calamity,  present  and  prospective,  of  having  the 
instrument  of  December,  1S35,  enforced  upon  us  and  our  people.  . 

To  these  prayers  we  again,  in  the  name  of  our  nation,  solicit  your  atten- 
.tion.  Our  last  and  only  hope  depends  upon  your  honorable  bodies.  Un- 
der our  present  impressions,  we  feel  it  due  to  ourselves  frankly  to  state 
that  the  Cherokee  people  do  not,  and  will  not,  recognise  the  obligation  of 
the  instrument  of  December,  1835.  We  reject  all  its  terms;  we  will  re- 
ceive none  of  its  benefits.  If  it  is  to  be  enforced  upon  us,  it  will  be  by 
your  superior  strength.  We  shall  ofler  no  resistance  ;  but  our  voluntary 
assent  never  will  be  yielded.  We  are  aware  of  the  consequences  ;  but 
while  suftering  them  in  all  their  bitterness,  we  shall  submit  our  case  to  an 
all-wise  and  just  God,  in  whose  providence  it  is  to  mamtain  the  cause  of 
suffering  innocence  and  unprotected  feebleness, 

JOHN  ROSS, 
•       R.  TAYLOR, 

EDWARD  GUNTER, 
•        •  JAMES  BROWN, 

,        ,  ELLIAH  HICKS, 

.        •  SAMUEL  GUNTER,  his  X  mark. 

:  ,.       SITEWAKEE  his  x  mark. 

WHITE  PATH,  his  x  mark. 

Washington  city,  Deceinber  15,  1S37. 


•• 


4  I  Doc.  No.  99.  ] 

MEMORIAL  . 

Of  John  Boss,  JR.  Taylor,  James  Srown,  Samuel  Gunter,  George  San- 
■  ders,  and  John  Benge,  Delegates  from  the  Eastern  Cherokees :  and 
John  Looney,  Jiaron  Price,  William  Dutch,  and  W.  JS.  Coody,  Dele- 
gates from  the  Western  Cherokees  ; 

In.  behalf  of  the  Cherokee  nation,  declaring  that  tlie  late  treaty  was  made  without  anj'  au- 
ihorl'tj'  from  their  nation  ;  tliat  they  have  never  given  their  assent   to  it  ;  remonstrating 
against  its  execution  ;  and  not  having  been  admitted  to  lay  their  complaints  before  the  Ex- 
ecutive, tliey  pray  Congress  to  examine  into  the  truth  of  their  allegati'ons,  and  in  the' 
mean  time  to  suspend  Die  execution  of  the  treaty. 

To  .the  honorable  the'  Senate  and  House  of   Bepresentatives  of  the 
United  States  iu  Congress  assembled :  •      ; 

The  memorial. and  petition  of  the  undersigned,  a  delegation  appointed  by 

the  Cherokee  nation  in  fi.ill  council, 
Respectfully  SHEWETH :  •     . 

That  the  Cherokee  nt^tion,  deeply  sensible  of  the  evils  mider  which  they 
are  now  laboring,  and  the' still  more  frightful  miseries  wliich  they  have 
too  much  reason  to  apprehend,  have,  hi  the  most  formal  and  solemn  man- 
ner kno^vn  to  them,  assembled  in  general  council  to  deliberate  upon  their 
existing  relations  with  the  Government  of  the  United  States,  and  to  lay 
their  case,  with  respectful  deference  before  your  honorable  bodies. 

Invested  with  full  powers  to  conclude  an  arrangement  upon  all  the  mat- 
ters which  interest  them^  we  have  arrived  at  the  seat  of  Government,  and, 
in  accordance  with  our  uswal  forms  of  proceeding,  have  notified  the  honor- 
able the  Secretary  of  War  that  we  had  reached  this  place,  and,  through 
hinij  solicited  an  interview  with  the  Executive.  This  request  has  not  yet 
been  granted,  nor  has  it  to  this  day  received  an  official  answer ;  but  we 
have  reason  to  apprehend,  from  circumstances  which  have  reached  us,  that 
we  shall  be  denied  this  application ;  and  are  thus  'compelled,  in  the  dis- 
charge of  our  duty  to  our  constituents,  to  submit  to  your  honorable  bodies 
the  memorial  of  which. we  are- the  bearers.  '        ■ 

On  former  occasions  we  have,  in  much  detail,  laid  before  you  the  promi^ 
nent  facts  of  our  case.  We  have  reminded  you  of  our  long  and  intimate 
connexion  with  the  United  State?';  of  the  scenes  of  peril  and  of  difficulty 
which  we  have  shared  in  common ;  of  the  friendship  which  had  so  long 
been  generously  protfered,  and  affectionately  and  gratefully  accepted;  of 
the  aids  which  were  supplied  us  in  promoting  our  advancement  in  the  arts 
of  civilized  life  ;  of  the  political  principles  which  we  had  imbibed ;  of  the 
religious  faith  we  have  been  taught. 

We  have  called  your  attention  to  the  progress  which,  under  your  aus- 
pices, we  have  made  ;  to  the  improvements  which  have  marked  our  social 
and  individual  state ;  our  lands  brought  into  cultivation,  our  natural  re- 
sources developed,  our  farms,  workshops,  and  factories  approximating  in 
character  and  value  to  those  of  our  brethren,  whose  example  we  had  dili- 
gently imitated.  '  ■      . 

A  smooth  and  beautiful  prospect  of  futm'e  advancement  was  opened 

Isefore  us.     Our  people  had  abandoned  the  pursuits,  the  habits,  and  the 

tastes  of  the  savage,  and  had  put  on  the  vestments  of  civilization,  of  intel- 

•  ligence,  and  of  a  pure  religion.  •  The  progress  we  had  made  furnished 

us  with  the  most  assm'ed  hopes  of  continued  improvement',  and  we  in- 


[  Doc. No.  99.  ]  :      '5 

.  dulged  in  the  anticipation  that  the  time  Avas  not  f;ar  distant  when  Ave  should 
be  recognised  on  the  footing  of  equahty  by  the  brethren  from  wliom  we 
had  received  all  which  we  were  no  u'  taught  to  prize. 

This  promise  of  a  golden  sunshiiie  is  now  overspread.  Clouds  and 
darkness  have  ol)scured  its' brilliancy.  The  winds  are  beginning  to  mut- 
ter their  awful  forebodings  ;  the  tempest  is  gathering  thick  and  heavy  oyer 
our  heads,  and  threatens  to  burst  upon  us  Avith  terrific  energy  and  over- 
whelming ruin.  ■  ■ 

In  this  season  of  calamity,  Avhere  can  avc  turn  Avith  hope  or  confidence  ? 
On  all  former  occasions  of  peril  or  of  doubt,  die  Government  of  the  United 
States  spread  over  us  its  broad  and  paternal  shield.  It  invited  us  to  seek 
an  asylum  and  a  protection  under  its  mighty  arm  ;  it  assisted  us  Avith"  its 
encouragement  and  advice  ;  it'  soothed  us  Avithits  consoling  assurances;  it 
.  inspired  us  with  hope,  and  ga\^e  us  a  feeling  of  confidence  and  security. 

But,  alas  !  this  our  long-cherished  friend  seems  noAA^to  be  alienated  from 
us;  this  our  father  has  raised  his  arm  to  inflict  the  hostile  bloAv;  this  strength, 
so  long  om'  protection,  is  noAV  exerted  against  us ;  and  on  the  Avide  scene  of 
existence  no  Imman  aid  is  left  us.  Unless  you  avert  your  arm,  Ave  are 
destroyed.  Unless  your  feelings  of  aftection  and  compassion  are  once  more 
awakened  toAvards  your  destitute  and  despairing  children,  om*  annihilation 
is  complete.         '  . 

It  is  a  natural  inquiry  among  all  Avho  commiserate  our  situation,  Avdiat 
are.  the  causes  Avhich  have  led  to  this  disastrous  revolution,  to  this  entire 
change  of  relations?  By  Avhat  agency  haA^e  such  results  been  accom- 
plished ?      ,  .       ■ 

We  have; asked, and  Ave  reiterate  the  question,  HowhaA^e  we  offended? 
ShoAV  us  in  Avhat  manner  Ave  haA^e,  hoAveA'er  unAvittingl}^,  inflicted  upon 
you  a  Avrong :  3^011.  shall' yourseWes  be  the  judges  of  the  extent  and  manner . 
of  compensation.  ShoAv  us  the  off'ence  Avliich  has  aAvakened  your  feelings 
of  justice  against  us,  and  we  Avill  submit  to  that  measure  of  punishment 
Avhich  you  shall  tellus  Ave  have  merited.  We  cannot  bring  to  om- 'recol- 
lections any  thing  .Ave  have  done,  or  any. thing  Ave  ha\'e  omitted,  calculated 
to  awaken  your  resentment  against  us. 

But  Ave  are  told  that  a  treaty  has  been  made,  and  all  that  is  required  at 
out  hands  is  to  cpmply  Avith  its  stipulations.  Will  the  faithful  historian, 
who  shaU  hereafter  record  our  lamentable  fate,  say  the  Cherokee  nation  . 
executed  a  treaty  by  Avhich  they  freely  and  absolutely  ceded  the  country 
iii  which  they  were  born  and  educated,  the  property  they  had  been  indus- 
triously accumulating  aiid  improving,  and,  abandoning  the  high  road  by 
Avhich  they  had  been  advancing  from  saA^agism,  had  precipitated  them- 
selves into  Avorse  than  their  pristine  degradation  ?  Will  not  the  reader  of 
such  a  narrative  'require  the  most  ample  proof  before  he  Avill  credit  such  a 
story  ?  Will  he  not  inquire  Avhere  Avas  the  kind  and  parental  guardian  . 
who  had  heretofore  aided  the  Aveak,  assisted  the  forlorn,  instructed  the  ig- 
norant, and  elevated  the' depressed  ?  Where  Av.as  the  GoA'ernment  of  the 
United  States,  Avith  its  vigflant  care  over  the  Indian,  Avhen  such  a  bar- 
gain Avas  made  ?  Hoav  avUI  he  be  surprised  at  hearing  that  the  United 
States  Avas  a  party  to  the  transaction.;  that  the  autlinrilies  of  that  Gov- 
ernment, and  the  representatives  of  that  people,  Avhich  had  for  years 
been  employed  in  leading  the  Cherokees  from  ignorance  to  light,  from 
barbarism  to  civUization,  from  paganism  to  Chrisrianity,  Avho  had  taught 
them  ncAv  habits  and  ncAV  hopes,  Avas  the  A-ery  party  Avhich  Avas   about 


6  [  Doc.  No.  99.  j 

to  appropriate  to  itself  the  fruits  of  the  Indian's  industry,  the  birthplaces 
of  his  children,  and  the  graves  of  his  ancestors  ! 

If  such  a  recital  could  command  credence,  must  it  not  be  on  the  ground 
that  experience  had  shown  the  utter  failure  of  all  the  efforts  and  the  disap- 
pointment of  all  the  hopes  of  the  philanthropist  and  the  Christian  ?  That 
the  natives  of  this  favored  spot  of  God's  creation  Avere  incapable  of  im- 
provement, and  unsusceptible  of  education,  and  that  they,  in  wilful  blind- 
ness, spurnmg  the  blessings  which  had  been  proffered  and  urged  upon 
them,  would  pertinaciously  prefer  the  degradation  from  which  it  had  been 
attempted  to  lead  them,  and  the  barbarism  from  which  it  had  been  sought 
to  -elevate  them  ? 

How  will  his  astonishment  be  augmented  when  he  learns  that  the  Cher- 
okee people,  almost  to  a  man,  denied  the  existence  and  the  obligation  of 
the  alleged  compact ;  that  they  proclaimed  it  to  have  been  based  in  fraud, 
and  concocted  in  perfidy ;  that  no  authority  was  ever  given  to  those  who 
undertook,  in  their  names  and  on  their  behalf,  to  negotiate  it ;  that  it  was 
repudiated  with  unexampled  unanimity  when  it  was  brought  to  their 
knowledge  ;  that  they  denied  that  it  conferred  any  rights  or  imposed  any 
obligations ! 

Yet  such  must  be  the  story  which  the  faithful  liistorjan  must  record. 
In  the  name  of  the  whole  Cherokee  people,  we  protest  against  this  unhal- 
lowed, and  unauthorized,  and  unacknowledged  compact.  We  deny  its 
binding  force ;  we.  recognise  none  of  its  stipulations.  If,  contrary  to  every 
principle 'of  justice,  it  is  to  be  enforced  upon  us,  we  shall  at  least  be  free 
from  the  disgrace  of  self-humiliation.  We  hold  the  solemn  disavowal  of 
its  provisions  by  eighteen  thousand  of  our  people. 

We,  the  regularly  commissioned  delegation  of  the  Cherokee  nation,  in 
the  face  of  Heaven,  and  appealing  to  the  Searcher  of  all  hearts  for  the  truth 
of  our  statements,  ask  you  to  listen  .to  our  remonstrances.  We  implore 
you  to  examine  into  the  truth  of  our  allegations.  We  refer  you  to  your 
own  records,  to  your  own  agents,  to  men  deservedly  enjoying  your  es- 
teem and  confidence,  as  om  witnesses  ;  and  we  proffer  ourselves  ready,  if 
you  will  direct  the  inquiry,  to  establish  the  truth  of  Avhat  we  aver.  If  we 
iaii  to  substantiate  our  statements,  overwhelm  us  with  ignominy  and  dis- 
grace ;  cast  us  oft"  from  you-  forever.  If,  however,  on  the-  other  hand,  every 
allegation  we  make  shall  be  sustained  by  the  most  convincing  and  abun- 
dant proof,  need  we  make  further  or  stronger  appeals  than  the  simple  facts 
of  the  case  will  themselves  furnish,  to  secure  your  friendship,  your  sym- 
pathy, and.your  justice  ? 

We  will  not  and  we  cannot  beheve,  after  the  long  connexion  that  has 
subsisted  between  us — after  all  that  has  been  done  and  all  that  has  been 
promised — that  our  whole  nation  will  be  forcibly  ejected  from  their  native 
land  and  from  their  social  hearths,  without  the  pretence  of  crime,  without 
charge,  without  evidence,  without  trial;  that  we  shall  be  exiled  from  all 
that  we  hold  dear,  and  venerable,  and  sacred  ;  and  driven  into  a  remote,  a 
strange,  and  a  sterile  region,  without  even  the  imputation  of  guilt.  We 
will  not  believe  that  this  will  be  done  by  our  ancient  allies,  our  friends, 
our  brethren.  Yet,  between  this  and  the  abrogation  of  the  pretended 
treaty,  there  is  no  medium.  Such  an  instrument,  so  obtained,  so  contam- 
inated, cannot  cover  the  real  nature  of  the  acts  which  it  is  invoked  to 
sanction.     If  we  are  thus  to  suffer,  no  disguise  can  be  useful  or  availing. 


[  Doc.  No.  99.  J  ■     •  .  ^ 

If  power  is  to  be  exerted,  let  it'come  unveiled.     We  shall  but  submit  and 
die. 

If,  however,  as  our  long  experience  has  taught  us  to  hope,  we  yet  re- 
tain any  hold  upon  your  sympathies,  any  claims  upon  your  justice  ;  if,  en- 
tertaining doubts  as  to  the  truth  of  our  statements,  you  will  investigate 
before  you  determine,  and  inquire  before  you  decide  such  momentous 
questions  irrevocably  and  forever,  we  entreat  delay  until  the  subject  shall 
be  fully  and  fairly  examined.  You  will  constitute  the  inquiring  power  ; 
you  will  be  the  tribunal  to  adjudge  upon  the  whole  matter ;  you  can  at 
any  time  carry  into  execution  your  own  decisions.  Without  the  means  of 
resistance — without  the  disposition,  in  any  way,  to  injure  you — we  shall 
yield  to  what  you  shall  ultimately  determine  to  be  a  just  and  righteous 
judgment. 

Should  the  result  of  your  investigations  sustain  our  assertions,  and  you 
should  stay  your  hand,  already  uplifted,  against  us — we  are  clothed  with ' 
full  powers  to  make  an  arrangement  of  every  subject  of  difference,  and 
to  negotiate  a  treaty  obligatory  upon  our  nation,  and  competent  to  secure 
to  the  people  of  the  United  States  all  which  their  own  sense  of  justice  will 
lead  them  to  require. 

May  we  not  indulge  the  confident  assurance,  that,  as  you  can  sustain  no 
injury  by  this  delay,  the  present  execution  of  the  alleged  treaty  may  at 
least  be  suspended ;  that,  as  investigation  will  tend  only  to  elicit  the  whole 
truth,  it  may  be  promptly  and  efficienthr  made  ;  that,  as  a  liberal  justice 
has  marked  your  intercourse  with  us,  nothing  will  be  required  of  us  which 
is  not  thus  sanctioned.  If  this  be  granted  to  us,  the  grateful  prayers  of  a 
united  and  rescued  nation  will  be  daily  presented  before  the  throne  of 
Divine  Mercy,  invoking  upon  your  heads  the  choicest  blessings  of  Heaven, 
perpetuity  upon  your  institutions,  and  every  happiness  upon  your  people. 

JNO.  ROSS, 

R.  TAYLOR,  .       ■      • 

■         JAMES  BROWN, 

SAMUEL  GUNTER,  his  x  mark,  •  ' 

GEORGE  SANDERS,  his  x  mark. 

JOHN  BENGE,  his  x  mark. 
•  Delegates  from  the  Eastern  Cherukees. 

JOHN  LOONEY,  his  X  mark,       . 
AARON  PRICE,  his  X  mark, 
WM.  DUTCH,  his  X  mark, 
•  W.  S.  COODY. 

Delegates  from  tlie  Western  Cherokees. 
Washington  city,  February  22,  1837.   .  .  . 


Copy  of  a  communication  from  the    Chiefs  and  Representatives  of  the 
Cherokee  People  toBrig.  GeneralJohn  E.  Wool,  Sept.  30, 1836. 

Red  Clay  Council  Ground,  Cherokee  Nation, 
'         ■  •'•  Septeynber  oO,\S3Q. 

Sir  :  The  undersigned,  chiefs  and  representatives  of  the  Cherokee  ])eo- 
ple,  beg  leave  to  address  you  as  the  commanding  general  intrusted  with 


8  [  Doc.  No.  99.  ] 

the  execution  of  the  orders  of  the  President  of  the  United  States,  concern- 
ing the  instrument  purporting  to  be  a  treaty  between  the  Unit-ed  States 
and  the  Cherokee  nation  east  of  the  Mississippi ;.  and  have  the  honor  to 
state,  that  your  communication  of  the,  i9th  instant,  to  the  Cherokee  peo- 
ple, respecting  your  instructions  on  the  subject,  was  promptly  read  and 
interpreted  to  them  in  general  council  assembled.  The  result  of  their 
deliberations,  and  the  expression  of  sentiments  adopted  by  upwards  of 
twenty-one  hundred  male  adults  on  this  occasion,  the  undersigned  would 
also  most  respectfully  communicate,  through'  you,  to  the  Government  of 
the  United  States,  to  wit  :  The  chiefs^  national  committee  and  council, 

.  and  the,  people  of  the  Cherokee  nation  in  general  council  assembled,  have 
resolved,  that  the  instrument  purporting  to  be  a  treaty  made  at  N'ew 
Echota,  on  the  29th  day  of  December,  1835,  by.  the  Rev.  John  F.-  Scher- 
merhorn,  commissioner  of  the  United  States,  and  the  chiefs,  headmen, 
and  people  &f  the  Cherokee  tribe  of  Indians,  is  a  fraud  upon  the  Govern- 
ment of  the  United  States,  and  an  act  of  oppression  oil  the  Cherokee  peo- 
ple ;  that  those  who  are  represented  as  acting  on  the  part  of  the  Chero- 
kees,  and  who  assume  the  style  of  "chiefs  and  headrijen,"  hold  no  such 
title  or  designation  from  the  .'Cherokees,  nor  have  they  received  authority 

■from  the  nation  to  form  said  instrument  ;.  therefore,'  said  instrument  is 
null  and  void,and  can  never,  in  justice,  be  enforced  upon  the  nation,  as 
they  do  most  solemnly  disclaim  and  utterly  reject  said  instrument  in  its 
principles  and  all  its  provisions  ;  that  a  respectful  memorial  to  the  Gov-'- 
ernment  of  the  United  States  be  prepared  on  behalf  of  the  Cherokee  people, 
praying  that  the  said  instrument  may  be  set  aside  ;  that  a  delegation,  con- 
sisting of  John  Ross,  principal  chief,  Richard  Taylor,  Samuel  Gunter, 
George  Sanders,  Welter  S.  Adair,  JohnBenge,  James  Brown,  and  Stephen 
Foreman,  be,  and  are^  appointed  with  full  powers,  to  represent  the  Chero- 
kee people  before  the  Government  of  the  United  States,  and  to  enter  into 
arrangemeiits  for  the  final  adjustment  of  all  their  existing  difficulties  ;  that 
this  delegation  are  instriicted  to  confer. with  the  Cherokees  west  of  the 
Mississippi,  on  the  subject  of  their  acting  in  concert  for  the -interests  and 
happiness  of  the  \Yhole  Cherokee  family  ;.  that  any  irresponsible  indi- 
viduals assuming  to  themselves  the  power  to  act  in  the  name  of  the 
natioii,  without iiuthority  first  legitimately  obtained,  will  be  deemed  guilty 
of  infringing  the  prerogatives  of  the  nation,  and  violating  the  rights  of  the 
Cherokee  people,  who  will  assuredly  never  sanction  such  usurpation,  nor 
acquiesce  in  the- doings  of  such  persons.  Tha.t,  in  the  course  they  have 
adopted  in  reference  to  the  instrument  in  question,  no  departure  from  the 
most  respectful  and  friendly  feelings  towards  the  President,  the  Govern- 
ment, and  the  "people  of  the  United  States,  is  contemplated. ;  but,  on  the 
contrary,  their  determination  is  to  maintain  and  cultivate  those  friendly 
relations  which  have  long  subsisted  between  the  Government  and  people 
of  the  United  States  and  their  nation.  That,  in  compliance  with  a  law 
of  Congress,  which  directs  that  Indian  annuities  shall  be  paid  to  the  chiefs, 
or  -such  persons,  as  the  tribe  .shall  appoint,  the  above-named  delegation 
have  been  authorized  and  appointed  to  receive  from  the  proper  officers  of 
the  Government  of  the  United.  States  all  sums  of  money 'due  the  Cherokee 
nation  east  of  the  Mississippi,  aiid  to.  receipt,  for  the  same,  for  and  on 
account  of  the  said  Cherokee  nation, .  That  the  doings  of  the  general 
council  noAv  assembled  render  the  meeting  of  the  committee  and  council, 

.  on  the  second  IMonday  in  October  next,  inexpedient;  and  said  meeting  is. 
therefore  dispensed  with.  '    -' ••  .  ." 


[  JDoc.  No.  99.  ]•  9 

111  thus  franldy  commimicating  tlie  sentiments  of  the  Cherokee  people, 
and  the '  doings  of  the  genera'!  council,  the  Undersigned  beg  lej^ve  to  reas- 
sure you  ttiat  they  are  actuated  from  the  purest  motives  and  the  most 
friendly  feelings  towards  the  public  functionaries  and  tlie  private  citizens 
of  the  United  States  ;  that  the  only  hope  of  the  Cherokees  for  a  further 
hearing  from  the  Government  on  the  subject  of  their  grievances,  and  for  a 
more  satisfactory  and  final  adjustment  of  their  existing  difficulties,  rests  on  , 
the  justice  of  their  cause, and  the  unremitting  confidence  entertained  in  the 
good  faith  and  magnanimity  and  justice  of  the  President  and  the  Congress 
of  the  United  States  ;  and  to  realize  Avhich^  they  desire  that  tlie  whole 
truth  may  be  fairly  stated  respecting  the  manner  and  cii-cumstances  under 
which  the  instrument  comJDlained  of  was  negotiated,  and  that  the  same., 
may  be  fully  understood  and  impartially  investigated.  The  Cherokees  are 
deeply  sensible  of  tlieir  peculiar  and  dependent  situation  ;  consequently, 
they  are  not  ignorant  that  their  very  existence  as  a  people  is  at  the  mercy 
of  the  United  States,  and  subject  to  their  will  and  pleasiu^.  •  Their  coiuse 
is  plain,  and  has  ever  been  directed  in  the  path  of  peace  and  friendship, 
though  not  influenced,  by  the  da-stardly  feelings  of  fear,  but  by  those  pleas- 
ing ties  of  confidence  and  social  relations  which  have  so  long  and  so  hap- 
pily subsisted  between  them  and  their  white  brethren.  Much  may  be  said 
by  way  of  objections  in  detail  of  the  instrument  in  question,  but  it  is 
deemed  unnecessary.  The  mutual  interests  and  welfare  of' the  whole 
Cherokee  family,  those  in  the  east  as  well  as  those  in  the  west,  would  re- 
quire that,  in  any  final  arrangement,  their  approbation  should  be  equally 
consulted,  in  order  that  harmony  among  themselves  maybe  ensured;  policy 
as  well  as  common  justice  would  seem  to  require  this.  In 'conclusion,,  wilt 
you  please  to  permit  us  to  state,  that,  in  compliance  with  the  desire  of  the 
'Chei'okees  of  the  valley  towns,  it  is  respectfully  asked  that  their  guns  may 
now  be  restoied  to  them,  which  have  been  surrendered  up  in  compliance 
with  your  oixlers,  as  it  is  to  be  hoped  there  will  hot  be  found  any  neces- 
sity for  retaining  them  longer.  The  undersigned  beg  you  to  accept  their 
cordial  thanks  and  sincere  regard  for  your  honorable  cbiirse  in.  the  dis- 
charge of  your  military  duties  here,  and  also  for  the  gentlemanly  deport- 
ment of  the  oflicers,  and  the  orderly  conduct  of  the  soldiers  uijder  your 
.command,  during  the  sitting  of  the  general  council. 

With  great  respect,  they  have   the  honor  to  be,   sii\,  your  obedient, 
humble  servants,  '  .;..•.■  .  • 

Natiofial  Council.  ■■"  •        National  Comviittee., 

Going.  Snake,  Speaker.  John  Ross,  Principal  Chief. 

Archibald  Campbell.     ,  .  ..••        Geovse  howTey,  ,,dssisL  Prin.  Chief. 
The  Bark.    *'  .  .;•       "'       Richard  Taylor,  Pz-es/f/e??/; 

Chunuhgee.  ■.'•••■.    .   Thomas  Foreman. 

Young  Glass.   •       .    '     .       ■'  -George  Still.  ■.  .    -; 

Sleeping- Rabbit.  '".     ..    .^    James  Hawkins-.      "         ■  '   .- 

John  Watts.  *    Nahhoolah.  " "     . 

James  Spears.  John  F.  Baldridge. 

•     '  Sitewakee..  ■:         .   .'       _       Old  Fiekls.  :•       ,      •• 

Charles.  .  •.  -         Hair  Conrad.  '         "  .'■■•. 

Chuwalookee.       ■■•  ,    •  .  '  ChunooleJicskee.        •      '. 

John  Wanev-  '  ■    .•••..•  •  James  p.  Wofibrd./  .-         .'' 

White  Path.  ".      .       Stephen  Foreman,  CVez-A".  • 


10  .         [  Doc.  No.  99.  ] 

John  Otterlifter. 
•  Soft-shell-turtle. 
Bean  Stick.  * 

Walking  Stick. 
Taqiioh. 
Money  Crier. 

Jesse  Bushyhead,  Clerk  National  Council. 
To  Brig.  Gen.  John  E.  Wool, 

Commanding  U.  S.  army  in  the  Cherokee  Nation. 


Copy  of  the  resolutions  and  memorial  adopted  by  the  Chiefs,  Comm.it- 
tee  and  Council,  and  the  jjeople  of  the  Cherokee  nation  in  General 
Council  assembled  at  Red  Clay,  Cherokee  nation,  on  the  28>th  Sep- 
tember, 1836  ;  and  signed  by  about  2,245  male  adults. 

■  Whereas,  an  instrument  has  been  read  and  interpreted  to  us,  purporting 
to  be  a  treaty  made  at  New  Echota,  on  the  29th  day  of  December,  1835, 
by  the  Reverend  John  F.  Schermerhorn,  commissioner  of  the  United 
States,  and  the  cliiefs,  headmen,  and  people  of  the  Cherokee  tribe  of  Indi- 
ans, ratified  by  the  Senate  and  approved. by  the  President  of  the  United 
States  :  And  whereas,  by  the  provisions  of  this  instrument,  all  the  lands 
of  the  Cherokees  are  ceded  to  the  United  States  ;  the  private  improve- 
ments and  possessions  of  individuals  unjustly  alienated  from  their  respect- 
ive owners  ;  the  rights  of  the  Cherokees  as  freemen  w~rested  from  the. 
guardianship  of  their  legitimate  representatives,  and  the  management  of 
their  affairs  placed  in  the  hands  of  mdividuals  Avithout  responsibility,  and 
under  the  control  of  officers  of  the  United  States  Government :  And 
whereas  the  makers  of  said  compact,  who  are  represented  as  acting  on  the 
part  of  the  Cherokees,  and  who  assume  the  style  of  chiefs  and  headmen, 
hold  no'  such  title  or  designation  from  the  Cherokees,  nor  have  they  re- 
ceived authority  from  tlie  nation  to  form  said  instrument : 

Resolved,  therefore,  by  the  chiefs,  national  committee  and  council, 
nnd  the  people  of  the  Cherokee  nation  in  general  council  assembled, 
That  the  said  instrument  is  null  and  void,  and  can  never,  in  justice,  be  en- 
forced, upon  our  nation  ;  and  we  do  hereby  solemnly  disclaim  and  utterly 
reject  said  instrument  in  its  principles  and  all  its  provisions. 

Resolved,  That  a  respectful  memorial  to  the  Government  of  the  United 
States  be  prepared  on  behalf  of  the  Cherokee  people,  praying  that  the 
said  instrument  be  set  aside,  as  a  fraud  upon  the  Governrtient  of  the  United 
States,  and  an  act  of  oppression  on  the  Cherokee  people. 

Resolved,  That  a  delegation  consisting  of  John  Ross,  principal  chief, 
Richard  Taylor,  Samuel  Gunter,  George  Sanders,  Walter  S.  Adair,  John 
Benge,  Stephen  Foreman,  and  James  Brown,  be  invested  with  full  powers 
to  represent  the  Cherokee  people  before  the  Government  of  the  United 
States,  and  to  ente-r  into  arrangements  for  the  final  adjustment  of  all  their 
existing  difiic«lties. 

And  be  it  further  resolved.  That  the  said  delegation  be,  and  they  are 
hereby,  instructed  to  confer  with  the  Cherokees  west  of  the  Mississippi,  on 
the  subject  of  their  acting  in  concert  Avith  us  in  our  efforts  to  procure  the 
rescinding  of  said  instrument ;  which,  in  its  provisions,  is  calculated  to  af- 


[  Doc.  No.  99.  ]  11 

feet  injuriously  the  interests  and  happiness  of  both  parts  of  the  Cherokee 
family. 

Resolved,  That  any  irresponsible  individuals  assuming  to  themselves 
the  power  to  act  in  the  name  of  our  nation,  without  the  authority  of  the 
same  first  legitimately  obtained,  will  be  deemed  guilty  of  infringing  the 
prerogatives  of  the  Government  and  violating  the  rights  of  the  Cherokee 
people,  who  will  assuredly  never  sanction  such  usurpation  nor  acquiesce 
in  the  doings  of  such  persons. 

Resolved,  Tliat  in  the  course  w«p  have  adopted  in  reference  to  the  instru- 
ment in  question,  no  departure  from  the  most  respectful  and  friendly  feel- 
ings towards  the  President,  the  Government,  and  the  people  of  the  United 
States,  is  contemplated ;  but,  on  the  contrary,  our  determination  is  to  main- 
tain and  to  cultivate  those  friendly  relations  which  have  long  subsisted  be- 
tween the  Government  and  people  of  the  United  States  and  our  nation. 

And  be  it  resolved,  by  the  comviittee  and  couneil  aforesaid,  with  the 
concurrence-  of  the  people  of  the  Cherokee  nation  in  general  council 
asseynbled,  That  incompliance  with  a  law  of  Congress, which  directs  that 
Indian  annuities  shall  be  paid  to  the  chiefs  or  such  persons  as  the  tribe 
shall  appoint,  the  aforesaid  delegation,  consisting  of  John  Ross,  princi- 
pal chief,  Richard  Taylor,  Samuel  Gunter,  George  Sanders,  Walter  S. 
Adair,  John  Benge,  Stephen  Foreman,  and  James  Brown,  be,  and  they  are 
hereby,  authorized,  under  the  direction  of  John  Martin,  the  treasurer  of 
the  Cherokee  nation,  to  apply  to  the  Government  of  the  United  States,  or 
to  the  proper  officers  thereof,  and  to  receive  all  sums  of  money  due  to  the 
said  Cherokee  nation  east  of  the  Mississippi  from  the  United  States,  and  to 
receipt  for  the  same,  for  and  on  account  of  the  said  Cherokee  nation. 

Resolved,  That  the  doings  of  the  general  council  now  assembled  ren- 
der the  meeting  of  the  national  committee  and  council  on  the  second  Mon- 
day in  October  next  inexpedient.  The  said  meeting  is  therefore  hereby 
dispensed  with. 

Red  Clay  Council  Ground,  •  -    ^  ./■ 

Cherokee  nation  east,  September  28,  1836.  '•  ■'   "' 


To  the  honorable  the  Senate  and  House  of  Rejjreseniativcs  of  the  Uni- 
ted States  of  America  in  Congress  assembled, 

Most  respectfully  and  most  humbly  sheweth  :       .         •       ■■ 

That  yowx  memorialists,  the  chiefs,  national  comn^jittee  and  council,  and 
people  of  the  Cherokee  nation  in  general  council  assembled,  solicit  permis- 
sion to  approacli  your  honorable  bodies,  under  circumstances  peculiar  in 
the  history  of  nations  ;  circinustances  of  distress  and  anxiety  beyond  our 
power  to  express.  We  earnestly  bespeak  your  patience,  therefore,  while  we 
lay  before  you  a  brief,  epitome  of  our  griefs. 

It  is  well  known  that  for  several  years  past  we  have  been  harassed  by 
a  series  of  vexations,  which  it  is  deemed  unnecessary  to  recite  in  detail  ; 
but  the  evidence  of  which  our  delegation  will  be  prepared  to  furnish. 

With  a  view  of  bringing  our  troubles  to  a  close,  a  delegation  was  ap- 
pointed on  the  23d  of  October,  1835,  by  the  general  council  of  the  nation, 
clothed  with  full  powers  to  enter  into  arraiigemeuts  with  the  Goverimicnt 
of  the  United   States  for  the  adjustment  of  all  our  existing  dhhculties. 


12  '  [  Doc.  No.  99.   3 

The  delegation,  failing  to. effect  an  arrangement  with  the  United  States^ 
'  commissioner,  then  in  the  nation,  proceeded,  agreeably  to  their  instructions 
in  that  case,  to  AVashington  city,  for  the  purpose  of  negotiatmga  treaty 
with  the  authorities  of  the  United  States.  •  •  ' 

After  the  departure  of  the  delegation,  a  contract  was  made  by  the  Rev. 
John  F.  Schermerhom  and  certain  individual  Cherokees,  purportmg  to  be 
"A  treaty  concluded  at  New  Echota/in  the  State  of. Georgia,  on  the  29th 
day  of  December,  1835,  by  General  WiUiam  Carroll  and  John  F.  Scher- 
merhom, commissioners  on  the  part  of  the  United  States ;  and  the  chiefs, 
headmen,  and  people  of  the  Cherokee  tribe  of  Indians.." ..  A  spurious 
delegation,  in  violation  of.  a  special  injuuction  of  the  general  council,  of 
the  nation,  proceeded  to  Washington-  city  with  this  pretended  treaty,  and, 
by  false  and  fraudulent  representations,  supplanted  in  the  favor  of  the 
Government  the  legal  and  accredited  delegation  of  the' Cherokee  people, 
and  obtained  for  this  instrument,  after  making  important  altei'ations  in  its 
provisions,  the  recognition  of  the  United  States  Government  ;■  and  now  it  is 
presented  to  us  as  a  treaty,-  ratified  by  the  Senate  and  approved  by  the 
President,  and  our  acquiescence  in  its. requirements  demanded,  under  the 
sanction  of  tbe  displeasure  of  the  United  States,  and  the  threat  of  summary 
compulsidii  in  case  of  refusal.  It  comes  to  us,  not  through  our  legitimate 
authorities,  the  known  and  usual  medium  of •  communication  between  the 
Government  of  the  United  States  an'd  our  nation ;  but  through  the  agency 
of  a  complication  of  powers,  civil  and  military. 

By  the  stipulations  of  this  instrument,  we:  are  despoiled  of  our  private 
■possessions,'  the  indefeasible  property  of  inchviduals.'    We  are  stripped 
of  every  attribute  of  freedom  and  of  eligibiUty  for  legal  self-defence. 
Our  property  may  be  plundered  before  our  eyes ;  violence  may  be  com- 
initted  on  our  persons  ;  even  our 'lives  may  be  taken  away,  and  there  is 
none  to  regard  our  complaints.     We  are  "denationalized ;  we  are  disfran- 
chised; we  are  deprived  of  membership  in  the  human  family:  we  have 
-neither  land,  nor  home,  nor  resting-place,  that  can  lie  called  our 'own. 
■  And  this  is  effected  by  the  provisions  of  a  compact  Avhich  assumes  the 
■venerated,  the  sacred  appellation  of  "treaty."  • 

.We  are  overwhehiied ;  our  hearts  are  sickened ;  our  utterance  is  paral- 
yzed, when  we  reflect  on  the  condition  in  which  we  are  placed  by  the 
audacious  practices  of  unprincipled  men,  who  have  managed  theu  strata- 
gems with  so  much  dexterity  as  to  impose  on  the  Government  of  the  United 
•  States,  in  the  face  of  our  earnest,  solenm,  and  reiterated  protestations. 
The  mstrument  in  question  is  not  the  act  of  our  nation.  .  We  are  not 
parties  to  its  covenants.     It  has  not  received  the  sanction  of  our  people. 
.  The  makers  of  it  sustain  no  office  nor  appomtment  hi  our  nation  mider 
■  the  designation  of  chiefs,  headmen,  or  any  other  title,  by  which  they  hold, 
.,  or  could  acquire,  authority  to  assume  the  reins  of  government,  and  to  make 
bargain  and  sale  of  our  rights^  oiu  possessions,  aiid  our  common  country. 
And  we  are  constrained  solemnly  to  declare  that  we  cannot  but  contem- 
.  plate  the  enforcement  of  the  stipulations  of  this  mstruriient  on  us,  against 
'1  our  consent,  9.S  an  act  of  injustice  apd  oppression,  which,  we  are  Avell  per- 
suaded, can  never  knowingly  be-  countenanced  by  the  Government  and 
people  of  the  United  States  ■,  nor  can  we  believe  it  to  be  the  design  of  those 
honorable  and  high-minded  individuals,  Avho  stand  at  the  head  of  the 
Government,  to  bind  our  whole  nation  by  the  acts  of  a  few  unauthorized 
individuals.     And .  therefore  we,  .the  parties  to  be  affected  by  the  result, 


[  Doc.  No.  9a.  j  is" 

appeal,  with  confidence,  to  the  justice,  the  magnanimity,  the  compassion 
of  your  august  and  honorable  assemblies,  against  the  enforcement  oji  us 
of  the  provisions  of  a  compact,  in  the  formation  of  which  ^ye  liave  h^d  no 
agency.  In  triith,  our  cause  is  your  own.  It  is  the  cause  of  hberty  and 
justice.  It  is  based  upon  your  own  principles,  which  we  have  learned 
fiom  yourselves ;  for  we  have  gloried  to  count  your  Jelferson  and  your. 
Washington  our  great  teachers.  We  have  read  their  communications  to 
us  with  veneration  ;  we  have  practised  their  precepts  with  success  ;  and 
the  result  is  manifest.  The  wildness  of  the  forest  -has  given  place  to  com- 
fortable dwellings  and  cultivated  fields,  stocked  with  the  various  domestic 
animals.  Mental  and  moral  culture,  industrious  habits,  and  domestic 
enjoyments,  have  succeeded  to  the  rudeness  of  the  savage  state. 

W'fe  have  learned  your  religion,  also  ;  we'  have  lead  youf  sacred  books. 
Hmidreds  of  oiu-  people  have  embraced  their  doctrines,  practised  the  vir- 
tues they  teach,  cherished  the  hopes  they  awaken,  and  rejoiced  in  tlie  con- 
solations which  they  afford.  To  the  spirit  of  your  histitutions  and  your 
religion,  which  has  been  imbibed  by  our  coiiimunity,  is  mainly  to  be 
attributed  that  patient  endurance  which  has  characterized  the  conduct  of 
our  people  under  the  lacerations  of  their  keenest  woes;  for  assuredly  we 
are  not  ignorant  of  our  condition,  we  are  not  insensible  to  our  sufferings,. 
We  feel  them ;  we  groan  under  their  pressure ;  arnd  anticipatioii  crowds 
our  breasts  with  sorrows  yet  to  come.  We  are,  indeed,  an  afflicted  people. 
Our  spirits  are  subdued.  Despair  has  well-nigh  seized  upon  our  energies. 
But  we  speak  to  the  representatives  of  a  Christian  people,  the  friends  of 
justice,  the  patrons  of  the  oppressed ;  and  bur  hopes  revive,  and  our  pros-  • 
pects  brighten,  as  we  indulge  the  thought.  On  your  sentence  our  fate  is 
suspended.  Prosperity  or  desolation  depends  on  yOur.  word.  To  you, 
therefore,  we  look.  Before  your  august  assemblies  we  present  ourselves, 
in  the  attitude  of  deprecation  and  of  entreaty.  Oil  your^  kindness,  on  your 
humanity,  on  your  compassion,  on  your  benevolence,  we  rest  our  hopes 
To  you  we  address -our  reiterated  prayers.  Stop  the  progress  of  the 
gathering  storm  !  Stay  the  hand  of  destruction!  Spare  our  people !  Spare 
the  wreck  of  our  prosperity!  Let  not  our  deserted  homes  beoome  the 
monuments  of -our  desolations  !  But  we  forbear.  We  suppress  the  agonies 
which  wring  our  hearts  when  we  look  at  our  wives,  and  our  infants,  and 
our  venerable  sires.  We  restrain  the  forebodings  of  anguish  and/listress, 
of  misery  and  devastation  and  death,  which  must  be  the  atfetidants  on  the 
execution  of  this  ruinous  compact.     • 

In  conclusion  :  we  commend  to  your  confidence  and  favDr  our  well- 
beloved  and  trustworthy  brethren  and  fellow-citizens,  John  Ross,  princi- 
pal chief,  Richard  Taylor,  Samuel  Gunter,  .fohn  Benge,  George  Sanders, 
Walter  S.  Adair,  Stephen  Foreman,  and  Kalsateehee  of  Aquohee,  who 
are  clothed  with  full  powers  to  adjust  all  our  exiskng  difficulties,  by  treaty 
arrangements,  with  the  United  States  ;by  which  our  destruction  may*be 
averted,  impediments  to  the  advancement  of  our  people  removed,  and  our' 
existence  perpetuated,  as  a  living  monum^it,  which  shall  testify  to  pos- 
terity the  honor,  the  magnanimity,  the  generosity  of  the  United. States. 
And  your  memorialists,  as  in  duty  bound,  will  ever  pray.  '      .        . 


I 


•• 


14  [  Wc-  No.  99.  J 

Resolutions  of  the  Western  Cherokees  in  Council  assembled ;  Sth  Be- 

cember^  1836, 

.  Whereas,  the  mstrument  purporting  to  be  a  treaty  made  at  New  Echota, 
on  the  29th  day  of  December,  lS35,by  General  William  Carroll  and  John 
F.  Schermerhorn,  commissioners  on  the  part  of  the  United  States,  and 
the  chiefs,  headmen,  and  people  of  the  Cherokee  tribe  of  Indians,  ceding 
to  the  United  States- all  the  lands  owned,  claimed,  or  possessed  by  the 
Cherokee  nation  east  of  the  river  Mississippi,  and  providing  for  their  re- 
moval to  the  comitry  designated  and  set  apart  for  the  Cherokees  west, 
under  former  treaties:  And  whereas  the  chiefs,  national  committee  and 
.council,  and  the  people  of  the  Cherokee  nation  east,  in  general  council 
.    assembled  at  Red  Clayton  the  28th  of  September,  1836,  have  solemnly 
declared  that  the  makers  of  said  compact,  who  are  represented  as  acting 
on  the  part  of  the  Cherokees,  and  Avho  assume  the  style  of  chiefs  and 
headmen,  hold  no  such  title  or  designation  from  the  Cherokees,  nor  have 
they  received  authority  from  the  nation  tq.  form  said  instrument,  and 
.  therefore  disclaim  and  utterly  reject  the  same  in  its  principles  and  all  its 
provisions:  And  whereas  a  delegation  have  been  appointed  to  make  a 
•    respectful  memorial  to  the  Government  of  the  United  States,  in  behalf  of 
'  •  the  Cherokee  people,  pcaying  that  the  said  instrument  be  set  aside,  as  a 
■    fraud  upon  the  Government  of  the  United  States  and  an  act  of  oppression 
on  the  Cherokee  people,  and  invested  with  full  powers  to  enter  into  ar- 
^     .    rangements  for  the  final  adjustment  of  all  their  difficulties:  And  whereas 
.  said  delegation  have,  in  pursuance  of  their  instructions,  conferred  with  us 
on  the  subject  of  our  acting  in  concert  with  them  in  their  efforts  to  pro-- 
cure  the  rescinding  of  said,  instrument,  which,  in  its  provisions,  is  calcu- 
lated to  affect  injuriously  the  interests  and  happiness  of  both  parts  of  the 
Cherokee  family:  Therefore,  •. 

Resolved  by  the  chiefs,  committee,  and  council  of  the  Cherokee  na- 
.  '  tion  tvest  of  the  Mississippi  river  in  council  assembled,  That  the  course 
adopted  by  the  general  council  of  the  Cherokee  nation  east,  in  regard  to 
the  instniinent  aforesaid,  is  hereby  approved;  and,  inasmuch  as  said  in- 
strument'is  equally  objectionable  to  us,  and  Will,  in  its  enforcement,  also 
affect  our  best  interests  and  happiness, 

Resolved,  That  a  delegation,  consisting  of  John  Looney,  third  chief, 
^  .  JohnDrew,  J(^ephVann,  Aaron  Price,  and  William  Dut ch, be,  and  they  are 
hereby,  appointed  to  represent  the  Cherokee  nation  west,  before  the  Gov- 
ernment of  the  United  States,  -and  to  co-operate  with  the  delegation  from 
the  east  of  the  Mississippi,  consisting  of  John  Ross,  Samuel  Gunter,  James 
Brown,  John  Benge,  George  .Sanders,  and  others,  in  their  exertions  to 
procure  the  rescinding  of  the  aforesaid  instrument;  and  also  with  full 
powers  to  unite  with  the.  delegation  aforesaid  in.  any  treaty  arrangement 
'  which  they  'may  enter  into  with  the  G  overnment  of  the  United  States 
for  the  final  adjustment  of  thfc  Cherokee  difficulties,  and  to  promote  the 
advancement  of  the  best  interests  and  happiness  of  the  whole  Cherokee 
people ;  and  to  do  all  things  tmiching  tlie  affairs  of  the  Cherokees  west, 
for  their  welfare. 

Be  it  further  resolved.  That  the  delegation  aforesaid  be,  and  they  are 

hereby,  autliorized  to  receive  from  the  chiefs  alt  the  public  moneys  in 

■  their  hands,  to  defray  their  expenses,  and  also  to  draw  on  the  Government 


[  Doc.  No.  99.  ]  15 

of  the  United  States  for  the  annuities,  or  such  other  sums  of  money  as 
may  be  necessary  to  defray  the  expenses  of  said  delegation. 

Cherokee  Counci4>  House, 
Tolluntusky,  loest  of  the  river  Mississippi,  December  8,  1S36. 

Signed  by  th^  committee  and  council  "of  the  Cherokee  nation  west. 

GEORGE  GUESS, 
TOBACCO  WILL, 
AARON  PRICE, 
JOHN  ROGERS; 
WILLIAM  ELDERS, 
CHARLES  RODGERS, 
MAJOR  PULLU^[, 
WILLIAM  DUlXH, 
CHARLES  CAMPBELL,  his  x  mark. 
JAMES  CAREY,  his  x  mark, 

GEORGE  BREWER,  his  x  mark. 

CLIMBING  BEAR,  his  x  mark. 

JOHN  DREW. 

Approved  and  signed  by  the  chiefs  of  the  western  Cherokee  nation. 

■  JOHN  JOLLY,       (his  x  mark)  \st  Chief. 

JOHN  BROWN,  2d  Chief 

JOHN  LOONEY,  (his  x  mark)  3d  Chief 


his 

X 

mark. 

his 

X 

mark. 

his 

X 

mark. 

his 

X 

mark. 

his 

X 

mark. 

his 

X 

mark. 

his 

X 

mark. 

his 

X 

mark. 

Proceedings  of  the  Cherokee  nation  in  General  Council  at  Red  Clay^ 

August-  8,  1837. 

Whereas,  at  a  general  council  of  the  Cherokee  nation,  holden  at  Red 
Clay,  in  September,  1836,  the  sentiments  of  the  ^herokee  people,  in  re- 
gard to  an  instrument  purporting  to  be  a  treaty  made  at  New  Echota,  by 
General  William  Carroll  and  John  F.  Schermerhorn,  commissioners  on 
the  part  of  the  United  States,  and  the  chiefs,  headmen,  and  people  of 
the  Cherokee  tribe  of  Indians,  were  deliberately  expressed  in  a  series 
of  resolutions,  accompanied  by  a  memorial  addressed  to  the  Govern- 
ment of  the  United  States,  solemnly  protesting  against  the  said  instru- 
ment as  unauthorized  by  our  people,  and  consequently  destitute  of 
any  binding  force  on  us:  And  whereas,  a  delegation  was  then  ap- 
pointed to  represent  the  Cherokee  people  before  the  Government  of 
the  United  States,  vested  with  full  powers  to  enter  into  negotiations  with 
the  authorities  of  the  said  Government  for  the  final  adjustment  of  all  our 
difficulties:  And  whereas,  the  said  delegation  have  submitted  .to  this 
council  a  full  -report  of  their  doings  in  -the. prosecution  of  the  duties  with 
which  they  were  charged ;  and  it  appearing  from  said  report,  for  causes 
therein  assigned,  that  the  business  of  their  mission  remains  in  an  un- 
finished state,  and  that  nothing  definitive  has  yet  been  effected :  And 
whereas,  our  sentiments  on  the  subject  have  undergone  no  change, 
and  that  oiti"  earnest  desire  still  is  to  liave  our  difficulties  brouffht  to  a 


16  r     Doc.  Xo.  99.  J 

close  as  speedily  as  practicable,  consistently  with  the  permanent  welfare 
of  the  Cherokee  people :  therefore, 

Resolved  by  the  chiefs,  national  comrAittee  and  council,  and  people  of 
the  Cherokee  nation,  in  general  council  assembled.  That  John  Ross,  prin.- 
•cipal  chief,  Richard  Taylor,  Samuel  Gimter,  James  Brown,  Edward  Gun- 
ter,  Elijah  Hicks,  SitawaTcee,  and  White  Path,  be,  and  they  are  hereby, 
appointed  to  represent  the  Cherokee  people  before  the  Government  of  the 
United  States;  and  .that  they  be,  and  they  are  hereby,  vested  with  full 
powers  to  prosecute  to  maturity  the  unfinished  business  now  before  the 
said  Government,  and  to  clo.all  other  acts  which  may  be  necessary,  on  the 
part  of  the  Cherokee  nation,  for  the  final  adjustment  of  every  matter  mutu- 
ally interesting  to  the  United  States  and  the  Cherokee  nation ;  therefore  * 

Resolved  further.  That  our  highly  esteemed  and  trustworthy  brethren 
and  fellow-citizens  above  named  be,  and  they/ are  hereby,  respectfidly 
commended  to  the  favorable  regard  and  confidence  of  the  authorities  of 
the  Government  of  the  United  States. 

Resolved,  That,  for  our  sentiments  in  detail,  we  refer  to  the  resolutions 
and  memorial  of  September,  1836,  and  to  the  delegation  now  appointed 
to  represent  us  before  the  Government. 

Resolved,  That- the  doings  of  the  delegation  who. have  just  reported 
meet  the  unqualified  approbation  of  this  council,  for  which  they  are  enti- 
tled to  our  thanks,  which  are  hereby  aflectionately  and  respectfully  ten- 
dered to  them.  • 

Resolved,  That  John  Ross,  Richard  Taylor,  Samuel  Gunter,  James 
BroWn,  Edward  Gimter,  Elijah  Hicks,  Sitawakee,  and  White  Path,  be, 
,  and  they  are  hereby,  authorized,  to  receive,  on  behalf  of  the  Cherokee 
nation,  and  to  receipt  for  the  same,  any  moneys  due,  or  which  may  be- 
come due  on  any  account  whatever,  from  the  United  States  to  the  Chero- 
kee nation.  •      .        ' 

Resolved,  That  the  amiual  meeting  of  the  committee  and  council  on 
•  the  second  jNIonday  of  October  next  be,  and  it  is  hereby,  dispensed  with. 
.  Red  Clay  Council  Ground,  August  8,  1837. 
-  *  RICHARD  TAYLOR, 

President  of  the  National  Committee. 

Members  of  the  Committee.     . 
Richard  Fields,  George  Still, 

Elijah  Hicks,      .   •  '  _    Wijham  Proctor,  •  . 

Thomas  Foreman,  Calsut-e-hee, 

'    .'    .     Hair  Gom'ad,  Na-hoo-lah,  .  :' 

i.         John  F.' Baldridge,  ■  .  Tsunoolaskee,'     .  '  ' 

Samuel  Gmiter,        .  .  " .  .     .  _         George  Hicks,  and     ,         .  ' 
Old  Fields,                '.  . .       ■  James  Hawkijis. 

Stephen  Foreman,  = 

Clerk  of  the  Committee:  '  ■  * 

,'  ..  ;  GOING  SKAKE, 

.  •        ..        *  ..  Speaker  of  the  Council. 

Members  of  National  Council. 

■John  Watts,         '  .^.  Archibald  Cam; 

;      James  SpenSy'     . '  •,  ■■•■    '"-    •  The  Glass, 


[  Doc.  No.  99.  J  17 

John  Otterlifter,  Deketsiilaskee, 

White  Path,  Sleeping  Rabbit, 

Chu-de-quah-na-cah,  — '        Tsuwalookee, 

Tarquoh,  Charles, 

Denahlawesta,  John  Owain, 

Rackoon,  Sitawakee, 

Bean  Stick,  Peter, 

Walking  Stick,  Sweet  Water, 

The  Bark,  Oolenawah, 

Money  Crier, 
Jesse  Bushyhead, 

Clerk  National  CounciL 

JOHN  ROSS, 

Principal  Chief. 
GEORGE  LOWRY, 
Assistant  Principal  Chief. 

EDWARD  GUNTER, 
LEWIS  ROSS, 

Executive  Council. 
Adopted  by  us  the  undersigned  Cherokee  people. 

And  signed  by  about  2,085  men  of  the  Cherokee  people  present,  exclu- 
sive of  the  names  above  inserted  of  the  chiefs  and  members  of  the  general 
council,  as  may  be  seen  by  referring  to  the  original  document,  which  is 
submitted  to  the  Senate. 

THE  CHEROKEE  DELEGATION. 


No.  1. 


Washington  City,  March  16,  1837. 
Sir  :  The  undersigned,  representatives  of  the  Cherokee  nation  east  and 
west  of  the  river  Mississippi,  beg  leave  herewith  to  lay  before  you  their 
credentials ;  and,  also,  to  submit  through  your  Department  the  enclosed 
communication  for  the  consideration  of  the  President  of  the  United  States. 
Trusting,  from  the  importance  of  the  subject,  that  a  reply  embracing  the 
decision  of  the  Executive  will  be  retiuned  as  soon  as  practicable, 
With  great  respect, 

We  have  the  honor  to  be,  sir. 

Your  obedient  servants, 
JOHN  ROSS, 
R.  TAYLOR, 
JAMES  BROWN, 
SAMUEL  GUNTER, 
JOHN  BENGE,  his  x  mark. 

GEORGE  SANDERS,  his  x  mark. 
JOHN  LOONEY,  his  x  mark. 

AARON  PRICE,  his  x  mark. 

WILLIAM  DUTCH,     his  x  mark. 
WILLIAM  S.  COODY. 
Hon.  Joel  R»  Poinsett, 

Secretary  of  War. 
2 


18  [  Doc.  No.  99.  ] 

No.  2. 

Washington,  March  16,  1837. 

Sir  :  The  people  constituting  the  Cherokee  nation  beg  leave  to  con- 
gratulate you  on  your  accession  to  the  lofty  and  dignified  situation  which 
you  have  been  called  upon  by  your  countiymen  to  fill.  That  this  event 
rnay  prove,  under  the  blessing  of  Providence,  equally  beneficial  to  those 
over  whom  you  now  preside,  as  honorable  to  the  individual  upon  whom 
so  valued  a  trust  has  been  reposed,  is  our  most  earnest  and  sincere  prayer. 

Among  those  who  have  been  placed  under  your  protecting  influences, 
may  we  not  be  permitted  to  number  ourselves ;  and  may  we  not  be  al- 
lowed, after  the  manner  of  our  fathers,  to  address  the  President  of  the 
Union  as  their  guardian  and  their  friend,  as  holding  in  his  hands  the  equal 
scales  of  justice,  and  the  power  to  enforce  his  decisions? 

It  is  in  this  character  that  the  Cherokee  nation  venture  to  approach  the 
Executive  to  ask  for  a  hearing,  that  their  claims  be  investigated,  and  that 
such  measure  of  justice  be  meted  to  them  as  shall  appear  to  be  due.  Be- 
yond this,  they  have  nothing  to  ask;  within  these  limits,  they  will  not 
indulge  an  apprehension  that  they  shall  meet  with  a  refusal. 

The  undersigned  have  been,  in  full  council  of  the  nation,  appointed  a 
delegation  to  confer  with  the  Executive  :  they  are  clothed  with  powers 
to  open  negotiations,  and  to  adjust,  upon  the  most  liberal  terms,  all  the 
subjects  in  which  the  United  States  take  an  interest. 

The  Government  has  been  apprized  in  part  of  the  insuperable  objections 
to  the  acknowledgment  by  the  nation  of  the  (so  called)  treaty  submitted 
to  the  Senate  for  its  ratification  in  1836.  If  you  will  listen  to  us,  we  will 
briefly  refer  to  some  of  them ;  and  we  beg  your  excellency  to  understand 
as,  in  this  matter,  as  speaking  what  we  believe  to  be  the  feeling  and  lan- 
guage of  more  than  nine-tenths  of  our  nation.  The  individuals  who  now 
address  you  as  the  representatives  of  the  Cherokee  nation  are,  in  a  degree, 
the  same  who,  under  a  similar  authority,  came  to  the  seat  of  Government 
during  the  latter  part  of  the  year  1835,  for  the  purpose  of  executing  the 
same  duties  with  which  they  are  now  charged.  The  circumstances  which 
induced  them  thus  to  visit  Washington  are  detailed  in  their  memorial  to 
the  Senate  during  its  then  session.  Subsequent  to  the  annunciation  of 
their  plan  of  operations,  an  individual  hastened  on  in  advance  of  them, 
and  returned  with  great  rapidity,  the  bearer  of  communications  expressive 
of  the  wish  of  the  Executive  that  we  should  abandon  this  idea,  and  ne- 
gotiate in  the  nation  itself  Apprehensive  of  some  misunderstanding  on 
the  subject,  and  finding  it  too  late  to  institute  a  new  plan  of  operations, 
we  proceeded  on  our  journey,  and  reached  the  seat  of  Government. 

Our  reception  was  kind,  and  we  were  acknowledged  to  be  entitled  to 
the  character  which  we  claimed  to  possess.  Our  credentials  were  exhib- 
ited, and,  in  an  official  interview  with  the  President,  we  were  informed 
by  him  that  whenever  we  should  present  any  proposition  for  the  consid- 
eration of  the  Government,  through  the  War  Department,  it  should  be 
immediately  attended  to. 

While  engaged  in  preparing  our  communications,  in  pursuance  of  this 
proffer,  we  learned  that  intelligence  had  been  received  that  a  treaty  had, 
in  fact,  been  entered  into  at  New  Echota.  It  was  from  this  period  that 
our  troubles  began  to  assume  a  more  positive  character. 

To  this  instrument,  subsequently  received,  and,  after  many  most  mate- 
rial changes  in  its  substantia    provisions,  submitted  to  the  Senate  for  its 


[  Doc.  No.  99.  J  19 

ratification,  are  we  to  attribute  the  distress  under  which  our  nation  now 
labors,  and  the  dangers  which  impend  over  us. 

The  Clierokee  nation  never  authorized  the  formation  of  this  spurious 
compact.  They  never  conferred  upon  the  individuals  who  signed  it  any 
authority  to  give  it  their  assent.  They  have  never  recognised  its  validity, 
and  never  can.  They  have  protested  against  it  as  a  fraud  upon  them- 
selves and  upon  the  United  States.  They  have  proffered  themselves  able 
to  establish  all  these  allegations  by  the  most  abundant  proof.  They  ask  of 
you,  sir,  that  these  allegations  be  examined  fully,  and  by  impartial  indi- 
viduals enjoying  your  entire  confidence.  By  the  results  of  such  an  inves- 
tigation,  by  your  own  judgment  upon  the  fairness,  the  justice,  the  legality 
of  this  act,  and  the  proceedings  connected  with  it,  they  must  necessarily 
abide.  Will  the  Government  of  the  United  States  claim  the  right  to  en- 
force a  contract  thus  assailed  by  the  other  nominal  party  to  it?  Will  they 
refuse  to  examine  into  charges  of  such  grave  import  ?  Will  they  act  in 
matters  so  momentous,  involving  consequences  so  awful,  without  inquiry  ? 
The  memorials  we  have  so  fondly  cherished  of  the  affectionate  feelings, 
the  pure  virtue,  the  justice,  which  have  been  exhibited  towards  our  people 
by  Washington,  by  Jefferson,  and  others,  your  honored  predecessors  ;  the 
faith  of  the  Government,  so  repeatedly  and  so  solemnly  pUghted  to  our 
fathers  and  ourselves  ;  the  sanctions  of  that  holy  religion  which  you  have 
taught  us,  in  which  we  have  learned  so  to  do  unto  others  as  we  should 
wish  them  to  do  unto  us  :  all  forbid  us  to  apprehend  that  the  United 
States  will  knowingly  and  deliberately  wrong  those  who  have  aided  them 
in  their  hour  of  peril — who  have  leaned  upon  their  protecting  arm — who 
have  confided  in  their  friendship — who  have  trusted  every  thing  to  their 
honor  and  their  justice.      . 

On  such  an  occasion  as  the  present,  we  shall  not  intrude  upon  your 
valuable  time  by  presenting  in  detail  all  the  circumstances  upon  which 
the  Cherokee  nation  rest  their  objections  to  the  paper  called  the  treaty  of 
New  Echota.  At  the  same  time  we  feel  it  a  duty  we  owe  to  you  as  well 
as  to  ourselves  not  to  leave  this  matter  resting  upon  generalities,  however 
strong,  without  some  degree  of  specification. 

1st.  We  aver  that  the  Cherokee  nation  never  authorized  its  formation. 

In  all  negotiations  with  ourselves,  and,  we  believe,  every  other  Indian 
nation,  the  Government  of  the  United  States  have  conducted  them  with 
the  regularly  authorized  agents  of  the  other  party.  The  internal  arrange- 
ments of  our  nation,  by  which  certain  persons  are  clothed  with  powers  to 
represent  and  act  for  the  whole,  have  been  long  known  and  constantly 
recognised.  No  Government  has  ever  claimed  the  right  to  pass  the  regu- 
lar representatives  of  another  people,  to  carry  on  negotiations  with  any 
who  may  claim,  without  exhibiting,  full  authority  from  those  whom  they 
profess  to  represent,  and  whom  they  undertake  to  bind. 

In  this  instance,  those  who  were  regularly  invested  with  this  authority 
were  at  Washington.  The  initiatory  steps  had  been  taken  to  commence 
negotiations.  Were  the  powers  which  had  been  given,  and  which  were 
then  in  the  act  of  being  exercised,  ever  revoked  or  suspended  ?  We  have 
never  heard  of  any  such  proceeding.  All  that  we  have  heard,  and  all  that 
we  have  seen,  negatives  such  an  idea.  The  letter  from  Mr.  Secretaiy 
Cass,  of  January  16,  1836,  which  announces  to  us  that  Mr.  Schermer- 
horn  had  reported  the  formation  of  the  treaty,  is  addressed  to  us  in  our 
official  character.  The  letter  of  the  1 3th  of  February  apprizes  us,  for  the 
first  time,  that  this  official  character  cannot  be  recognised.     If  the  pro- 


20  [   Doc.  No.  99.  ] 

ceedings  at  New  Echota  were  not  in  fact  the  authoritative  proceedings  of 
the  nation,  they  must  be  disregarded,  as  inadequate  to  operate  a  cancella- 
tion of  our  powers. 

Admitting,  however,  for  a  moment,  that  those  proceedings  were  regu- 
lar, the  parties  who  came  on  as  delegates  under  the  council  of  New 
Echota,  on  the  6th  of  February,  1836,  address  a  letter  to  the  Cherokee 
delegation  now  in  Washington  city,  in  which  they  speak  of  "  your  con- 
stituents at  home,"  and  in  which  they  assure  us  that  "  in  doing  what  the 
people  have  done  at  New  Echota,  it  was  with  no  view  to  lay  any  obsta- 
cles in  your  way."  In  a  subsequent  passage  they  say,  "we  assure  you 
of  the  heartfelt  satisfaction  that  it  would  give  us,  and  certainly  our  con- 
stituents, if  you  have  settled  or  can  settle  our  difficulties  with  the  Govern- 
ment by  a  treaty."  Still  further,  "  we  are  instructed,  in  case  that  you  have 
not  already  made  or  are  [not]  able  to  make  a  better;"  and  they  conclude 
with  a  proffer  of  any  assistance  in  their  power  to  those  whom  they  address. 

It  would  be  difficult  to  gather  from  this  communication  the  fact  that 
"  our  constituents"  had  revoked  the  powers  which  had  been  previously 
given.     The  continuance  of  them  is  expressly  recognised. 

The  letter  of  E.  Herring,  of  February  13.  1S36,  which  first  informs  us 
that  our  official  character  is  denied,  places  such  denial  upon  the  single 
ground  of  our  having  come  on  to  Washington  after  being  notified 
by  the  President  that  a  delegation  would  not  be  received  in  Washington. 
We  were  also  informed  by  the  Secretary  that  Mr.  Schermerhorn  had  con- 
templated bringing  a  delegation  from  the  other  Indians  of  the  Cherokee 
nation,  but  that  he  had  instructed  him  not  to  bring  on  a  single  person. 
To  us,  not  very  conversant  with  such  matters,  and  to  whom  this  species 
of  difficulty  was  equally  unknown  and  unexpected,  it  wore  the  appear- 
ance of  singularity,  that,  notwithstanding  the  prohibition  to  Mr.  Scher- 
merhorn, he  did,  in  fact,  bring  with  him  what  purported  to  be  a  delega- 
tion; that  they  were  received  as  such;  and  that,  although  Mr.  Herring,  in 
his  letter  of  the  above  date,  appears  to  draw  a  distinction  between  their 
case  and  our  own,  they  were  sent  on  to  effect  a  ratification,  and  not 
to  make  a  new  treaty.  Yet,  when,  by  the  absolute  refusal  of  the  Presi- 
dent to  recognise  some  of  the  most  prominent  provisions  in  that  instru- 
ment, and  in  reference  to  which  the  council  from  which  they  received 
their  authority  had  been  so  distinct  in  the  expression  of  their  views,  and 
in  which  the  commissioner  did  not  appear  to  think  he  had  transcended 
his  powers,  so  that  it  became  necessary,  in  fact,  to  make  substantially  a 
new  arrangement,  these  objections  were  all  permitted  to  sleep,  so  far  as 
regards  them.  Even  in  relation  to  those  who  held  the  first  authority,  the 
ground  was  changed  in  the  very  same  letter  of  Mr.  Herring,  Avho  informed 
us  that,  provided  we  would  sign  the  treaty  as  it  then  Vi^as,  we  also  should 
be  recognised. 

If,  under  all  these  circumstances,  we  have  been  unable  distinctly  to  un- 
derstand the  views  of  the  Government,  or  to  reconcile  all  their  proceed- 
ings with  what  appeared  to  us  to  be  their  language,  the  whole  difficulty 
ought  not  to  be  attributed  to  any  deficiency  on  our  part. 

In  point  of  fact,  however,  the  meeting  at  New  Echota  did  not  fully 
represent  the  Cherokee  nation.  Statements  have  been  made  from  differ- 
ent sources,  showing  the  number  there  present.  The  largest  number,  in- 
cluding men,  women,  and  children,  Indians  and  negroes,  does  not  exceed 
seven  hundred  ;  while  highly  respectable  witnesses  positively  aver  that 
hot  more  than  three  hundred  assembled,  and  only  seventy-nine  approved 


[  Doc.  No.  99.  J  ■     it 

of  what  was  done.  In  determining  whether  such  an  instrument  imposes 
on  the  Clierokee  nation  the  obhgation  of  performing  its  stipulations,  surely 
it  is  important  to  understand  by  how  many  it  was  sanctioned,  and  by  what 
authority  they  undertook  to  bind  others  who  were  not  professed  parties. 
The  very  manner  in  which  tliese  proceedings  purport  to  be  verified  is 
so  singular  to  our  eyes,  so  different  from  wliat  iias  been  customary  on 
similar  occasions,  that  this  circumstance  alone  is  calculated  to  awaken 
suspicion  and  to  strengthen  our  statements. 

Sustained,  however,  as  we  are,  we  unhesitatingly  assert  the  fact,  that 
less  than  one  hundred  individuals  of  the  Cherokee  nation,  irregularly  con- 
vened and  acting  irregularly,  ever  sanctioned  tliis  instrument  so  far  as 
even  to  assent  to  the  appointment  of  the  individuals  by  whom  it  was  signed. 

This  we  consider  as  not  only  unjust  to  us,  but  equally  so  to  the  United 
States.  In  the  instructions  given  to  the  commissioners,  it  is  expressly  sta- 
ted, that, "  although  there  can  be  no  objection  to  a  free  interchange  of  opin- 
ion, and  a  conditional  arrangement  on  all  disputed  points  between  them 
and  a  comnuttee  fairly  and  publicly  chosen,  (should  the  Cherokees  think 
it  proper  to  commit  the  details,  in  the  first  instance,  to  such  a  committee,) 
yet  the  filial  action  upon  the  subject  must  be  liad  by  tiie  people  them- 
selves in  open  council.'^  If  there  is  any  dispute  as  to  the  decision  of  the  ma- 
jority, an  actual  census  will  be  taken  of  the  persons  present,  exhibithig  their 
names  ;  and  they  will  pass  before  the  commissioners,  and  state  whether 
they  are  in  favor  of  or  against  the  arrangement  proposed  ;  and  this  cen- 
sus, together  with  the  result,  will  be  certified  by  the  commissioners,  and 
transmitted  with  their  other  proceedings  to  the  seat  of  Government.  In 
a  previous  communication  made  by  tliese  same  commissioners  to  one  of  the 
undersigned,  as  the. pinncipal  chief  oi  the  Clierokee  nation,  it  was  distinctly 
asserted,  that  "  the  commissioners,  in  their  instructions,  ure  required  to 
obtain  the  consent  of  a  majority  of  your  headmen  and  warriors  to  a 
treaty.)  to  make  it  valid  ;  and,  for  this  purpose,  it  is  necessary  to  have  an 
accurate  census  of  the  nation  taken  now."  In  the  address  of  the  Presi- 
dent of  the  16tli  of  March,  1835,  to  the  nation,  we  were  given  to  under- 
stand that  with  the  nation  at  large  rested  the  power  of  ultimately  acce- 
ding to,  or  not,  the  proposed  terms.  It  was  the  understanding  of  this  del- 
egation and  of  the  nation  that  this  course  should  be  pursued  ;  and  the  very 
notice  under  which  the  council  at  New  Echota  was  convened,  called 
upon  the  individuals  of  the  nation  to  act  for  themselves  in  the  business, 
and  implied  the  right  of  the  nation  collectively  to  assent  to  or  dissent  from 
the  terms  proposed. 

If,  after  all  this  public  and  mutual  understanding,  an  instrument,  which 
originated  in  a  meeting  where  not  one-twentieth  part  of  the  nation  was 
convened,  most  essentially  varied  after  havhig  been  submitted  to  their 
inspection,  and  ultimately  approved  only  by  the  small  number  who  actu- 
ally affixed  their  signatures  to  it,  can  be  considered  obligatory  upon  the 
whole  Cherokee  nation;  upon  the  same  principle,  another  compact  which 
we  may  choose  to  sign  with  any  twenty  citizens  of  the  United  States, 
holding  no  public  station,  authorized  by  no  national  act,  might,  had  we 
the  power,  be  enforced  against  you,  to  the  extent  of  stripping  every  citi- 
zen of  his  home  and  of  his  property. 

2d.  Nor  can  there  be  any  foundation  for  die  belief  that  the  Cherokee 
nation  have  ever  assented  to  the  instrument  in  question  by  any  subse- 
quent act  which  could  be  considered  as  a  ratification.  The  whole  nation 
had  been  led  to  believe,  from  the  official  language  addressed  to  them,  that, 


22  [  Doc.  No.  99.  ] 

whatever  might  be  done  by  any  of  their  agents,  would  not  be  held  obli- 
gatory until  it  had  received  the  approbation  of  the  nation.  Not  only  has 
no  such  sanction  ever  been  obtained,  but  it  has  never  been  asked  at  their 
hands.  So  far  from  this  being  the  case,  every  means  has  been  resorted  to 
to  stifle  the  expression  of  public  opinion  among  them. 

A  large  body  of  troops  has  been  stationed  in  the  Cherokee  nation,  pre- 
pared to  put  down  any  meeting  convened  to  deliberate  upon  the  subject. 
The  commanding  general,  whose  high  character  is  a  guaranty  that  he  is 
acting  in  obedience  to  precise  instructions,  in  his  general  order  of  Novem- 
ber 3,  1836,  has,  in  terms  too  plain  and  significant  to  be  misunderstood, 
apprized  us  of  the  consequences  which  will  follow  any  attempt  to  ascer- 
tain and  concentrate  the  opinions  of  our  people.  Several  instances  have 
already  occurred,  in  which  arrests  have  been  made  of  individuals  supposed 
to  be  inimical  to  the  treaty,  as  it  is  called.  In  short,  the  whole  weight  and 
influence  of  the  Government  have  been  exerted  to  aid  the  small  faction 
which  has  usurped  the  right  to  bind  us,  to  alarm  the  timid,  to  overpower 
the  resolute,  to  persuade  the  confiding,  to  compel  the  weak  among  us  to 
give  their  sanction  to  this  instrument :  with  what  success,  the  Government 
of  the  United  States  has  been  apprized.  We  hold  in  our  hands  a  docu- 
ment, showing  that  tlie  great  bulk  of  the  nation  has  repudiated  the  meas- 
ure ;  that  it  denies  its  obligatory  force  ;  that  it  refuses  to  ratify  the  act. 
Within  a  few  weeks  since,  the  undersigned  have  been  at  the  seat  of  gov- 
ernment, at  a  special  meeting  of  the  nation,  held  at  New  Echota,  convened 
by  the  agent,  and  held  in  the  presence  of  the  commanding  general,  when 
the  question  was  presented  for  their  decision  as  to  the  disposition  to  be 
made  of  the  money  due  the  nation  under  former  treaties  :  it  was  found  but 
ninety -seven  votes  could  be  procured  in  favor  of  the  individuals  who  had 
assumed  to  act  as  the  agents  and  representatives  of  the  nation  ;  and  of 
this  small  number,  no  one  voted  in  the  regular  way,  and  upon  the  ground  ; 
while  twelve  hundred  and  sixty -nine  gave  their  votes  against  this  party. 
Such,  as  we  are  informed,  was  the  result  of  the  meeting  on  the  1 5th  ultimo. 

These  are,  we  submit  to  your  excellency,  manifestations  not  to  be  mis- 
understood of  the  state  of  opinion  and  of  feeling  among  us.  We  are  aware 
that  eflbrts  have  been  made  to  injure  us  in  the  estimation  of  this  G  overn- 
ment.  As  individuals,  our  characters  have  been  assailed,  our  motives 
misrepresented,  our  conduct  and  our  acts  distorted.  We  cannot,  however, 
but  believe  that,  among  the  many  high-minded  and  honorable  men  who 
know  us,  and  who  enjoy  your  confidence,  some  may  be  found  who  have 
done  and  will  do  us  justice.  We  do  not  arrogate  to  ourselves  so  high  a 
standing  in  your  estimation  as  to  authorize  us  to  ask  that  you  will  rely 
implicitly  upon  our  statements  ;  but  we  have  deceived  ourselves  most 
egregiously  if  we  have  not  presented  to  the  consideration  of  the  Govern- 
ment suflicient  grounds  to  induce  hesitation  and  inquiry.  You  have  at 
your  command  hundreds  of  individuals  to  whom  you  may  confide  the  duty 
of  making  the  investigation  Avhich  we  solicit.  Select  such  as  you  can  im- 
plicitly believe  ;  associate  with  them  but  a  single  individual  to  be  appoint- 
ed by  us,  to  direct  to  the  sources  of  information  ;  and  if  we  fail  to  establish 
the  truth  of  our  allegations,  we  shall  no  longer  ask  you  to  delay  exercising 
your  power  in  the  enforcement  of  your  rights.  Should  it,  however,  ap- 
pear, from  such  investigation,  that  this  instrument  has  been  made  without 
authority  ;  that  it  meets^  with  the  almost  unanimous  reprobation  of  our  na- 
tion ;  that  you  have  been  deceived  by  false  information ;  we  cannot  and 
we  will  not  believe  that,  under  its  color,  and  under  the  sanction  of  those 


[  Doc.  No.  99.  ]  23 

principles  of  justice  which  impose  an  obhgation  faithfully  to  perform  our 
compacts  and  oiu:  promises,  we  shall  be  forced  to  submit  to  its  iniquitous 
provisions.  Sooner  would  we  ask  you  to  make  no  investigation,  institute 
no  inquiry.  Satisfy  yourselves  ;  endeavor  to  satisfy  mankind  and  your 
God  that  all  is  right ;  assert  the  imperative  duty  of  conforming  to  treaty 
stipulations  ;  stand  upon  the  high  ground  of  power  ;  employ  your  strength, 
and  drive  to  desperation,  to  exile,  and  to  death,  tliose  whom  you  have 
called  your  children,  and  who  have  placed  themselves  under  your  protec- 
tion. Our  fate  is  in  your  hands:  may  the  God  of  truth  tear  away  every 
disguise  and  concealment  from  our  case  ;  may  the  God  of  justice  guide 
your  determination  ;  and  the  God  of  mercy  stay  the  hand  of  our  brother, 
uplifted  for  our  destruction. 

During  the  recent  session  of  Congress,  the  undersigned  addressed  a  me- 
morial to  that  honorable  body.  The  late  period  of  the  session,  and  the 
multiplied  engagements  which  attend  such  a  period,  precluded  any  defini- 
tive action  upon  it.  In  the  Senate,  it  was  merely  ordered  to  lie  upon  tlie 
table  ;  and  in  the  House  of  Representatives,  no  opportunity  occurred  to 
present  it.  At  the  ensuing  session,  it  will  be  again  submitted,  should  it, 
contrary  to  all  our  hopes,  be  then  considered  necessary.  We  have  the 
honor  of  submitting  a  copy  of  that  memorial  to  your  excellency,  and  pray 
for  that  your  most  earnest  consideration.  The  documents  we  have  with 
us,  and  which  have  been  seen  by  the  Commissioner  of  Indian  Affairs  and 
by  the  Secretary  of  War,  show  that  we  are  now  fully  empowered,  as  we 
were  in  1835,  to  negotiate  upon  all  matters  with  the  United  States.  We 
are  prepared,  at  once,  to  enter  upon  such  negotiation  :  and  we  believe  that 
all  difficulties  may  be  arranged  to  the  mutual  satisfaction  of  all  parties. 

In  conclusion,  we  pray  your  excellency  to  understand  our  propositions 
as  being  specifically,  either — 

1st.  To  enter  into  a  negotiation  with  the  undersigned,  in  reference  to  every 
matter  mutually  interesting  to  the  United  States  and  the  Cherokee  nation  : 
2d.  To  have  a  full  and  impartial  examination  of  all  sources  of  informa- 
tion, for  the  purpose  of  ascertaining  whether  the  Cherokee  nation,  m  con- 
formity with  its  political  institutions  and  forms,  long  recognised  by  the 
United  States,  ever  authorized  the  execution  of  the  instrument  signed  at 
New  Echota,  and  the  additional  articles  signed  at  Washington,  or  ever 
gave  to  them  their  sanction  and  ratification  :  or 

3d.  That  the  instrument  in  question  be  now  submitted  for  approval  or 
rejection,  to  the  full,  free,  and  unbiased  choice  of  the  Cherokee  nation  in 
general  council  assembled. 

We  have  the  honor  to  be,  sir,  very  respectfully,  &c. 

JOHN  ROSS, 

R.  TAYLOR, 

JAMES  BROWN, 

SAMUEL  GUNTER,     his  x  mark. 

JOHN  BENGE,  his  x  mark. 

GEORGE  SANDERS,    his  x  mark. 
jRepresentatives  of  the  Eastern  Cherokees. 

JOHN  LOONEY,  his  x  mark. 

AARON  PRICE,  his  x  mark. 

WILLIAM  DUTCH,      his  x  mark. 

W.  S.  COODY, 
Delegates  from  the  Western  Cherokees. 
To  the  President  of  the  United  States. 


24 


[  Doc.  ^o.  99.  ] 

No.  3. 


War  Department,  March  24,  1S37, 

Gentlemen:  Your  memorial  of  the  16th  instant,  addressed  to  the 
President  of  the  United  States,  has  been  laid  before  him  ;  and  I  now  pro- 
ceed to  commmiicate  to  you  his  decision  upon  the  propositions  you  have 
submitted. 

The  treaty  concluded  at  New  Echota,  on  the  29th  of  December,  1835, 
has  been  ratified,  according  to  the  forms  prescribed  by  the  constitution  ; 
and  it  is  the  duty  of  the  Executive  to  carry  into  effect  all  its  stipulations, 
in  a  spirit  of  liberal  justice.  The  considerations  to  which  you  have 
invited  the  attention  of  the  President  were  brought  to  the  notice  of  the 
Senate,  before  they  advised  its  confirmation,  and  of  the  House  of  Repre- 
sentatives, before  they  made  the  appropriations  therein  provided  for.  Their 
final  action  must  be  regarded  as  the  judgment  of  these  branches  of  the 
Government,  upon  the  degree  of  weight  to  which  they  were  entitled.  It 
remains  for  the  Executive  to  fulfil  the  treaty,  as  the  supreme  law  of  the 
land. 

Your  second  and  third  propositions,  therefore,  it  is  considered,  cannot 
be  acceded  to,  as  they  involve  an  admission  that  the  treaty  of  1835  is  an 
incomplete  instrument.  To  your  first  proposition  I  can  only  answer,  as 
the  Department  has  already  assured  you,  that  any  measure  suggested  by 
you  will  receive  a  candid  examination,  if  it  be  not  inconsistent  with,  or 
in  contravention  of,  the  provisions  of  the  existing  treaty. 
Very  respectfully, 

Your  most  obedient  servant, 

J.  R.  POINSETT. 

.  Messrs.  John  Ross, 
R.  Taylor, 
James  Brown, 
Samuel  Gunter, 
John  Benge, 
George  Sanders, 
John  Looney, 
Aaron  Price, 
Wm.  Dutch,  and 
Wm.  S.  Goody. 


Eastern  and  Western  Cherokees, 
IVashington^ 


No.  4. 

'  Washington  City,  Mai/  4,  1S37. 

Sir  :  Since  taking  leave  of  you,  and  my  separation  from  those  of  my 
colleagues  who  have  returned  homewards,  it  has  become  my  duty  to 
address  you  this  letter,  previous  to  my  leaving  the  metropolis  of  the  United 
States  for  the  Cherokee  nation. 

I  will  not  occupy  your  attention  with  a  recapitulation  of  all  that  passed 
between  us  at  our  several  interviews  on  the  subject  of  Cherokee  afJairs. 
Being  infonned  that  General  Wool  will  be  relieved  of  his  military  duties  in 


[  Doc.  No.  99.  ] 

the  Cherokee  coimtry  by  Colonel  Lindsay,  I  beg  leave  to  call  your  atten- 
tion to  certain  acts  of  oppression  and  injustice  complained  of  by  the  Chero- 
kees,  and  to  ask  that  justice  may  now  be  extended  in  reference  to  them. 

In  the  summer  of  1S35,  the  Georgia  guard,  under  the  command  of  Col- 
onel William  N.  Bishop,  by  authority  of  Mr.  Benjamin  F.  Currey,  then 
superintendent  of  Cherokee  removals,  forcibly  seized  the  printing-press, 
types,  books,  papers,  and  other  materials  pertaining  to  a  printing-office, 
belonging  to  the  Cherokee  nation ;  and,  notwithstanding  applications  for 
their  restoration  having  been  made,  they  are  still  retained. 

In  the  summer  of  1836,  Brigadier  General  John  E.  Wool  required  the 
Cherokees  of  the  valley  towns  to  surrender  up  their  guns  to  his  command ; 
and,  as  a  proof  of  their  peaceable  disposition  towards  the  citizens  of  the 
United  States,  about  two  hundred  (or  upwards)  guns  were  brought  in  and 
delivered  up  by  the  Cherokees  to  that  officer.  And  when  it  was  believed 
that  General  Wool  could  not  but  see  that  there  was  no  propriety  in  with- 
holding these  arms  longer,  the  council  of  the  nation,  in  the  fall  of  that 
year,  at  the  instance  of  the  owners,  solicited  the  general  to  restore  the  guns  ; 
but  I  am  not  informed  that  it  has  been  done,  even  up  to  the  present  time. 

Some  time  in  December  last,  when  a  committee  of  the  nation  appointed 
by  the  general  council,  consisting  of  Messrs.  Lewis  Ross,  Richard  Taylor, 
Daniel  McCoy,  and  Elijah  Hicks,  met  at  the  house  of  John  Martin,  late 
treasurer  of  the  nation,  for  the  purpose  of  settling  his  accounts  preparatory 
to  his  emigration  to  Arkansas :  at  a  late  hour  of  the  night,  Mr.  Martin's 
house  was  surrounded  by  United  States  soldiers,  and  in  the  morning  the 
officer  in  command  demanded  all  the  public  papers  of  the  nation,  and 
forcibly  took  the  treasurer's  account-book,  and  other  papers.  Mr.  Martin, 
together  with  the  committee,  (excepting  Mr.  Taylor,  who  was  not  present,) 
were  then  made  captives,  and  escorted  by  the  military  to  headquarters, 
before  General  Wool,  a  distance  of  twenty  miles.  The  commanding  gen- 
eral, after  liberating  these  gentlemen,  made  a  general  demand  of  them  for 
all  the  public  papers  of  the  nation,  and  threatened,  if  they  were  not  sur- 
rendered up  to  him,  that  he  should  be  under  the  painful  necessity  of  ar- 
resting all  the  leading  men  of  the  nation. 

These  unaccountably  strange  proceedings  no  doubt  occurred  under  the 
pretext  and  authority  of  executing  the  "  general  order  No.  74." 

You  will  pardon  me  for  repeating  the  suggestion  to  you,  of  the  necessity 
for  superseding  the  former  instructions  of  the  Department,  upon  which 
the  aforesaid  "general  order"  was  based,  by  those  which  are  now  to  be 
given  to  Colonel  Lindsay. 

My  most  ardent  desire  for  avoiding  every  possible  ground  of  difficulty 
between  the  officers  of  the  Government  and  the  Cherokees  prompts  me  to 
ask  the  indulgence  of  being  furnished  with  a  copy  of  the  instructions 
which  shall  be  given  to  that  officer ;  and,  in  conclusion,  further  to  ask 
that  the  printing-press,  types,  books,  papers,  &c.,  belonging  to  the  Chero- 
kee nation,  and  the  guns  of  individual  Cherokees  seized  and  detained  as 
herein  stated,  be  now  ordered  to  be  restored,  without  further  detention. 
I  have  the  honor  to  be,  sir, 
With  great  respect, 

Your  obedient,  humble  servant. 

JOHN  ROSS, 
In  behalf  of  the  Che^^okee  Delegation. 

To  the  Hon.  J.  R.  Poinsett,  Secretary  of  War. 


[  Doc.  No.  99.  ] 


No.  5. 

Cherokee  Agency,  June  22,  1837. 

Sir  :  Permit  me  to  state  that  I  have  never  received  your  reply  to  the 
letter  which  I  had  the  honor  of  addressing  you  in  belialf  of  the  Cherokee 
delegation,  on  the  4th  ultimo;  and,  also,  now  to  call  your  attention  to  the 
same. 

I  have  this  day  had  the  pleasure  of  an  interview  with  Colonel  Lindsay ; 
and  in  conversation  with  him  in  reference  to  the  duties  intrusted  to  his 
command  in  this  nation,  I  regret  to  find  that  he  has  not  as  yet  received 
such  instructions  as  will  justify  him  to  depart  from  those  heretofore  given 
to  General  Wool,  and  on  which  that  ofiicer's  general  order  No.  74  was 
based.  As  has  always  been  customary,  upon  the  return  of  the  delega- 
tion, the  general  council  of  the  nation  has  been  called,  to  be  assembled  on 
the  31st  of  next  month,  and  which  council  Colonel  Lindsay  states  he  should 
feel  himself  bomid  by  the  instructions  heretofore  given  to  General  Wool  to 
suppress,  unless  he  should  otherwise  be  instructed.  The  objects  of  this 
council  are  altogether  of  a  pacific  character;  it  is  to  receive  the  report  of 
the  delegation  for  the  information  of  the  nation,  and  that  the  Cherokees 
may  confer  and  deliberate  in  peace  and  brotherly  feeling  among  them- 
selves, upon  their  own  affairs  generally.  An  interference  or  interruption 
of  the  exercise  of  this  acknowledged  right  and  privilege  of  freemen,  by  sup- 
pressing the  council,  could  not  but  produce  some  sensation,  and  be  viewed 
as  oppressive  and  unjust  by  the  Cherokee  people.  As  to  the  effect  which 
the  holding  of  the  council  may  be  supposed,  by  some,  to  have  upon  the 
minds  of  the  Cherokee  people,  in  reference  to  emigration  or  the  "  treaty," 
I  can  assure  you,  sir,  in  sincerity  and  franlmess,  that,  in  my  own  opinion, 
it  would  make  no  serious  change  one  way  or  the  other. 

I  beg  leave  to  ask  that  you  may  refresh  your  memory  with  the  par- 
ticulars of  our  several  interviews;  and  especially  of  the  assurance  given 
by  you  that,  whilst  it  was  the  determination  of  the  President  faithfully  to 
execute  the  "treaty,"  no  acts  of  oppression  or  injustice  should  be  toler- 
ated; and,  if  they  occurred,  to  report  them  to  you,  that  you  would  have 
us  righted. 

Permit  me  to  renew  to  you  my  most  ardent  desire  to  avoid  every  pos- 
sible ground  of  difficulty  between  the  officers  of  the  Government  and  the 
Cherokee  people — that  all  may  walk  in  the  path  of  peace  and  perpetual 
friendship. 

I  have  the  honor  to  be,  sir,  very  respectfully,  your  obedient,  humble 
servant, 

JNO.  ROSS. 

To  the  Hon.  Joel  R.  Poinsett, 

Secretary  of  War. 

P.  S.  Please  to  return  me  an  answer  as  soon  as  practicable. 
Your  obedient  servant, 

JNO.  ROSS. 


No.  6. 

War  Department,  May  6,  1837.  . 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the 

4th  instant,  bringing  to  my  view  certain  acts  regarded  by  the  Cherokees 


[  Doc.  No.  99.  ]  27 

as  oppressive  and  unjust,  and  of  which  they  complain;  and  asking  to  be 
furnished  with  a  copy  of  tlie  instructions  to  Colonel  Lindsay,  Avho  is 
about  to  proceed  to  the  nation  to  relieve  General  Wool. 

The  acts  of  which  you  complain  will  be  strictly  inquired  into,  and  Col- 
onel Lindsay  will  be  instructed  to  examine  and  report  to  this  Department 
all  the  circumstances  connected  with  them. 

With  regard  to  the  instructions  to  be  given  to  Colonel  Lindsay,  it  is  not 
the  usage  of  this  Department  to  furnish  any  copies  of  similar  documents; 
but  the  Cherokee  nation  may  be  assured  they  will  be  framed  in  a  spirit  of 
kindness  towards  them,  and  that  every  indulgence  will  be  extended  to 
them,  consistent  with  the  settled  determination  of  the  Government  faith- 
fully to  execute  the  treaty  of  December  29,  1835. 

Very  respectfully,  your  most  obedient  servant, 

J.  R.  POINSETT. 

Col.  John  Ross,  Washington  city. 

(Ty°  This  letter  was  not  received  until  some  time  in  July. 

JNO.  ROSS. 


No.  7. 


Headquarters  op  the  Armv, 

Cherokee  Nation  <£gency,  July  24,  1837. 

Sir:  In  a  conversation  between  us  at  the  agency,  about  the  22d  of  June 
ultimo,  I  informed  you  that  my  instructions  would  not  warrant  me  in 
permitting  a  council  of  the  Cherokee  nation  to  be  held.  At  the  same  time 
I  advised  you  that  I  would  refer  the  subject  to  the  Department  of  War, 
notifying  them  that,  unless  specially  instructed  to  the  contrary,  I  should 
interdict  its  session.  This  course  was  adopted  by  me  with  the  hope  that 
the  immediate  action  of  the  Government  of  the  United  States  might  be 
obtained  on  this  grave  and  important  measure,  which  doubtless  would 
have  been  more  satisfactory  to  the  Chei-okee  people,  as  Avell  as  less  oner- 
ous to  myself.  I  am  now  advised,  through  the  public  papers,  that  the 
honorable  Mr.  Poinsett  left  Washington  for  Charleston,  South  Carolina, 
before  he  could  possibly  have  received  my  communication;  and  it  does 
not  seem  probable  that  he  will  have  returned  to  Washington  in  time 
to  forward  any  instructions  for  my  government,  even  should  they  contain 
his  assent  to  the  proposed  meeting  of  the  council.  In  fact,  up  to  this 
date,  I  have  not  heard  from  the  Department,  although  my  letter  was  for- 
warded in  duplicate  by  two  successive  mails.  But  as  rumor  informs  me 
that  the  council  will  convene  on  the  28th  or  29th,  notwithstanding  my  in- 
terdiction, which  you  will  readily  perceive  I  must  now  enforce,  I  have 
deemed  it  proper  to  inform  you  of  the  above  facts,  and  call  your  serious 
attention  thereto. 

I  am,  very  respectfully,  your  obedient  servant, 

WM.  LINDSAY, 
Col.  2d  artillery,  commanding  army  C.  N. 

Col.  John  Ross, 

Principal  Chief  of  the  Cherokee  Nation. 


28  [  Doc.  1^0.  99.  ] 

No.  8. 

Red  Clay,  Juli/  25,  1837. 

Sir  :  I  have  this  moment  been  honored  with  your  letter  of  yesterday's 
date,  and  I  very  much  regret  to  find  that,  under  all  the  circumstances  of 
the  case,  you  consider  it  your  duty  to  enforce  an  interdiction  of  the  in- 
tended peaceable  meeting  of  the  Cherokee  people,  which  was  appointed 
for  the  purpose  of  being  fully  informed  of  the  proceedings  of  their  dele- 
gation with  the  Government  of  the  United  States,  and  of  deliberating 
upon  the  peculiar  situation  of  their  own  affairs;  especially  when  I  un- 
derstand that  there  has  been  no  special  instructions  from  the  present 
Executive  of  the  United  States  to  that  effect. 

Not  having  received  any  communication  from  the  War  Department  or 
yourself  up  to  this  date  on  the  subject,  and  bringing  to  mind  the  previous 
conversations  passed  between  the  honorable  Secretary  of  War  and  the 
Cherokee  delegation,  and  the  most  positive  assurances  given  by  that  high 
officer  that  the  Cherokees  should  be  treated  with  kindness  and  liberal 
justice,  it  was  taken  for  granted  that  there  would  be  no  interference  with 
the  quiet  meeting  of  the  council  ;  or,  otherwise,  a  postponement  of  the 
intended  meeting  might  have  been  made,  until  some  positive  instructions 
from  the  President  could  be  received.  But  now,  the  shortness  of  the  time 
makes  it  impossible  for  any  other  arrangement  to  be  made  before  the 
people  will  have  assembled. 

Under  all  the  circumstances  of  the  case,  I  cannot  doubt  it  is  one  over 
which  you  may  exercise  a  discretionary  course  ;  therefore,  I  hope,  in  re- 
viewing the  whole  subject,  you  will  act  with  justice  and  magnanimity  on 
the  present  occasion,  and  not  enforce  an  interdiction  of  the  exercise,  by 
the  Cherokees,  of  one  of  the  most  sacred  privileges  of  freemen. 

Permit  me,  in  conclusion,  to  say,  the  chiefs  would  at  the  same  time  be 
happy  to  see  you,  and  such  of  your  officers  as  can  make  it  convenient  to 
visit  the  council,  the  31st  instant. 

I  have  the  honor  to  be,  sir,  with  great  respect,  your  obedient  servant, 

JNO.  ROSS. 

Col.  Wm.  Lindsay,  2d  artillery, 

Commanding  army  C.  N. 

P.  S. — I  expect  to  be  at  the  agency  this  evening  or  to-morrow  morning, 
and  shall  do  myself  the  pleasure  of  calling  on  you. 


No    9. 


Headquarters,  July  25,  1837. 

Sir  :  Since  my  despatch  to  you  of  yesterday,  a  communication  from  C. 
A.  Harris,  Commissioner,  to  General  N.  Smith,  superintendent  of  Chero- 
kee emigration,  has  been  submitted  to  me  by  the  latter.  This  Commis- 
sioner advises  General  Smith  that  "the  Secretary  of  War  has  determined 
that  no  opposition  shall  be  made  to  the  assembling  of  the  Cherokee  coun- 
cil, which,  it  is  understood,  is  to  be  held  on  the  31st  instant."  Although 
this  information  does  not  reach  me  through  the  proper  official  channel,  yet 


[  Doc.  No.  99.  ]  29 

it  comes  in  a  sufficiently  unquestionable  shape  to  induce  me  to  withdraw 
the  interdiction  which  I  have  considered  it  my  duty  to  impose  ;  and,  should 
you  deem  it  necessary,  I  will  station  such  a  force  in  the  vicinity  of  the 
council  as  will  protect  it  from  the  intrusion  of  evil-disposed  persons,  and 
secure  its  tranquillity. 

I  am,  very  respectfully,  your  obedient  servant, 

WM.  LINDSAY, 
Colonel  2d  artillery,  commanding  arm,y  C.  N. 
Colonel  John  Ross, 

Principal  Chief  of  the  Cherokee  Nation. 


No.  10. 


Cherokee  Agency,  July  26,  1837. 

Sir  :  I  had  the  pleasure  of  receiving  your  despatch  of  yesterday's  date, 
on  my  way  to  this  place,  informing  me  of  the  determination  of  the  Sec- 
retary of  War,  that  there  shall  be  no  opposition  to  the  assembling  of  the 
Cherokee  council,  &c, 

I  thank  you  for  the  proffer  you  have  made,  in  case  I  should  deem  it 
necessary,  to  station  a  military  force  in  the  vicinity,  for  the  protection  of 
the  council  from  the  intrusion  of  evil-disposed  persons.  I  am  not  prepared 
to  say  that  there  will  be  a  necessity  for  such  a  force ;  but,  in  order  to  place 
such  intrusions,  on  the  part  of  the  whites,  out  of  the  question,  it  may  be 
well  to  have  a  company  of  troops  stationed  in  the  vicinity  for  that  purpose. 

I  have  the  honor  to  be,  sir,  very  respectfully,  your  obedient,  humble  ser- 
vant, 

JOHN  ROSS, 
Principal  Chief  Cherokee  Nation. 

Colonel  Wm.  Lindsay,  2d  artillery, 

Commanding  army  Cherokee  Nation.  ,  .      .   ;  ■  i 


No.  11. 


To  the  Council  of  the  Cherokee  Nation  : 

It  is  represented  to  me  by  Lieutenant  Deas,  United  States  army,  and 
superintendent  of  Creek  emigration,  that  a  number  of  Creek  Indians  have 
taken  refuge  within  the  limits  of  the  Cherokee  nation  ;  and  that  a  party  of 
these  people,  which  was  actually  being  transported,  and  which  escaped 
on  their  way  from  that  officer,  is  now  there.  It  is  my  duty  to  retake 
these  people  and  send  them  off",  and  I  have  ample  means  to  effect  that  ob- 
ject ;  but  it  is  respectfully  submitted  to  the  council  of  the  Cherokee  nation 
whether  the  interests  of  humanity  would  not  be.  best  consulted  by  collect- 
ing these  people  peaceably,  through  the  agency  of  the  Cherokee  authori- 
ties, instead  of  hunting  them  down  with  a  military  force,  which,  however 
strictly  instructed,  might,  in  the  eagerness  of  pursuit,  whether  through  ac- 
cident or  mistake,  commit  outrages  not  only  upon  them,  but  even  on  in- 
nocent and  unoffending  individuals  of  the  Cherokee  nation.     I  trust  the 


30  ^  [  Doc.  No    99.  ] 

council  of  the  Cherokee  nation  will  not  understand  me  as  asking  the  per- 
formance of  any  act  which  is  revolting  to  the  feelings  of  humanity :  and 
I  therefore  distinctly  state  that  I  do  not  wish  or  intend  that  they  shall 
cause  to  be  delivered  up  any  Creek  Indian  who  maybe  connected  with  the 
Cherokees  by  marriage  or  parentage,  or  that  sort  of  domiciliation  which, 
according  to  their  usages,  constitutes  citizenship  ;  but  all  others,  I  trust, 
will  be  peaceably  surrendered  to  Lieutenant  Deas,  or  his  agent,  by  such 
means  as  the  council  may,  in  their  wisdom,  adopt. 
Very  respectfully, 

WM.  LINDSAY, 
Colonel  2d  artillery,  commanding  army  C.  N. 
Headquarters  Army  C.  N., 

Jiugust  3,  1837. 

Colonel  John  Ross,  principal  chief  of  the  Cherokee  nation,  is  respectfully 
requested  to  submit  the  above  communication  to  the  consideration  of  the 
Cherokee  council. 

WM.  LINDSAY, 
Colonel  2d  artillery,  commanding  army  C.  N. 


No.  12. 


Red  Clay  Council  Ground, 

August  4, 1837. 

Sir  :  I  have  the  honor  to  inform  you  that  the  council  is  now  ready  to 
proceed  to  deliberate  and  act  upon  the  affairs  of  the  nation  ;  and,  should 
you  have  any  thing  to  submit,  under  instructions  from  your  Government, 
for  the  information  of  the  Cherokee  people,  the  council  will  receive  and 
hear  the  same. 

1  have  the  honor  to  be,  sir,  your  obedient,  humble  servant, 

JOHN  ROSS, 
Pri?icipal  Chief  Cherokee  Nation. 
To  Colonel  Wm.  Lindsay, 

Commanding  U.  S.  Jirmy. 


No.  i: 


Headquarters,  Red  Clay  Council  Ground, 

August  4,  1837. 
Sir  :  The  arrival  of  the  special  agent  of  the  United  States,  Mr.  Jolin 
Mason,  jr.,  will  render  my  action  unnecessary;  and  I  have  therefore  to 
inform  you  that  I  will  not  attend  your  council  as  agreed  upon  this  morn- 
ing. Mr.  Mason  has  reached  this  place  much  fatigued,  and  not  quite 
prepared  to  execute  the  duties  of  his  mission  at  so  early  a  period  as 
2  o^clock  to-morrow ;  I  therefore  suggest  that  the  Cherokee  council 
should  either  suspend  their  session  until  Monday,  7th  proximo,  or  pro- 
ceed with  some  other  business ;  with  the  understanding  that  Mr.  Mason 


[  Doc.  No.  99.  ]  31 

will  attend  on  Monday,  2  o'clock,  T.  M.,  to  lay  before  them  the  views 
and  intentions  of  the  President  of  the  United  States. 
I  am,  very  respectfully, 

Yom'  obedient  servant, 

WM.  LINDSAY, 
Colonel  Commanding. 
Colonel  John  Ross, 

Principal  Chief  of  the  Cherokee  Nation. 

Please  answer  this. 


No.   14. 


Red  Clay  Council  Ground, 

Jilt  gust  4,  1S37. 
Sir:  In  reply  to  your  note  of  this  date,  I  have  the  honor  to  state 
that  the  council  will,  with  pleasure,  receive  any  communication  the 
special  agent,  Mr.  John  Mason,  may  have  to  submit,  under  instructions 
from  the  President  of  the  United  States,  at  such  time  as  will  best  suit  his 
own  convenience. 

The  council  will,  in  the  mean  time,  go  on  with  their  own  business 
until  the  time  mentioned  in  your  letter,  or  such  other  time  as  Mr.  Mason 
may  choose  to  designate. 

I  have  the  honor  to  be,  sir,  very  respectfully, 

Your  obedient  servant, 

JNO.  ROSS, 
Principal  Chief  Cherokee  Nation. 
To  Colonel  Wm.  Lindsay, 

Comnia7iding  United  States  Army. 


No.   15. 


Headquarters,  Old  Council  Ground, 

August  7,  IS 37. 
Sir  :  I  am  requested  by  Mr.  Mason,  special  agent  of  the  Government 
of  the  United  States,  to  advise  yoti  that,  in  conformity  with  the  under- 
standing between  us,  he  is  ready  to  appear  before  the  Cherokee  council 
at  two  o'clock  this  day;  and  that  he  has  waited  to  this  time  in  the  ho})e 
that  the  weather  would  clear  up  before  making  the  proposal  now  ad- 
dressed to  you,  which  is:  that  if  you  consider  the  weather  too  bad, he  will 
defer  his  talk  until  to-morrow,  two  o'clock  P.  M.,  or  any  other  designated 
hour;  if  otherwise,  he  will  attend  the  council  at  the  time  agreed  on. 
I  am,  very  respectfully,  your  obedient  servant, 

WM.  LINDSAY, 
Colonel  commanding  arm,y  C.  N. 
Colonel  J.  Ross, 

Principal  Chief  of  the  C.  N. 


33  [  Boc.  No.  99.  ] 

No.  16. 

Red  Clay,  August  1,  1837. 
Sir  :  The  weather  is  bad,  therefore  I  have  thought  it  best  to  submit 
your  note  to  the  representatives  of  the  nation,  who  will  consult  the  feel- 
ings of  the  people  present  on  the  occasion ;  and,  so  soon  as  they  are  made 
known  to  me,  I  will  do  myself  the  honor  of  informing  you  of  the  same. 
Veiy  respectfully,  your  obedient  servant, 

JNO.  ROSS, 
Principal  Chief  Cherokee  Nation. 
To  Colonel  Wm.  Lindsay, 

Commanding  U.  S.  Jlrmy,  Cherokee  Nation. 


No.  17. 


Red  Clay,  August  7,  1837. 
Sir  :  Since  sending  you  my  note  in  reply  to  yours,  I  have  been  re- 
quested to  inform  you  that,  in  consequence  of  the  impatience  of  the  people 
to  return  to  their  homes  as  soon  as  practicable,  the  council  is  now  ready 
to  receive  the  special  agent  of  the  United  States  Government.  You  will, 
therefore,  please  to  inform  Mr.  Mason  of  the  same. 
Very  respectfully,  your  obedient  servant, 

JNO.  ROSS, 
Principal  Chief  Cherokee  Nation. 
To  Colonel  Wm.  Lindsay, 

Commanding  U.  S.  Army,  Cherokee  Nation. 


No.  18. 


War  Department, 

July  15,  1837. 
Sir  :  The  reply  to  your  letter  of  the  4th  of  May  was  mailed  to  your 
address  in  Washington,  and  I  hope  has  been  received. 

Colonel  Lindsay  has  been  directed  by  this  Department  to  allow  the 
council  you  have  called  to  be  assembled;  and  Mr.  Mason,  who  will  de- 
liver you  this  letter,  will,  it  is  hoped,  be  present,  and  explain  to  the  people 
the  views  of  the  Government  in  relation  to  the  Cherokee  nation. 
Very  respectfully,  your  most  obedient  servant, 

J.  R.  POINSETT. 
Mr.  John  Ross, 

Cherokee  Agency, 


[  Doc.  No.  99.  ]  33 

No.  19. 

Address  of  John  Mason,  jr.,  United  States  special  agent,  to  the  Cherokee 
nation  in  general  council  assembled. 

Brothers  :  I  am  here  by  command  of  the  President  of  the  United 
States.  I  sahite  you  in  his  name,  and  bear  to  you  his  best  wishes  for 
your  welfare.  Tlie  President  was  informed  by  the  chiefs,  at  whose  com- 
mand you  are  here  assembled,  that  the  objects  of  this  council  were  to  re- 
ceive the  report  of  the  delegation,  (lately  at  Washington,)  for  the  informa- 
tion of  the  nation,  and  that  the  Cherokees  might  confer  and  deliberate 
in  peace  and  brotherly  feeling  among  themselves,  upon  their  own  affairs 
generally.  These  are  the  words  of  the  chiefs.  The  President  believes 
them  to  be  words  of  truth.  He  is  the  true  friend  of  the  Cherokees. 
He  ordered  that  their  council  should  not  be  interdicted  ;  and  ho  has  sent 
me  to  speak  to  you  in  his  name.  Brothers,  you  have  heard  the  report 
of  your  delegation.  They  have  told  you,  I  doubt  not,  that  they  were  re- 
ceived with  kindness,  and  heard  with  attention.  The  replies  of  the  Presi- 
dent to  your  delegation  have,  I  am  told,  been  laid  before  you.  Brothers, 
the  President  is  very  powerful,  but  his  great  power  is  guided  by  justice  ; 
and  the  first  wish  of  his  heart  is,  to  ensure  the  safety  and  happiness  of  the 
Cherokee  nation.  Brothers,  the  President  loves  you  with  the  same  re- 
gard which  he  feels  for  your  white  brethren.  He  has  seen  with  deep  in- 
terest your  noble  and  successful  efforts  to  escape  from  the  ignorance  and 
barbarism  which  was  the  lot  of  yovu'  forefathers,  and  to  elevate  your 
nation  in  the  scale  of  civilization.  He  has  witnessed  Avith  great  satisfac- 
tion your  rapid  improvement  in  the  arts  and  comforts  of  life  ;  the  eager- 
ness with  which  you  have  thirsted  after  education  ;  and,  above  all  other 
things,  tlie  rapid  diffusion  of  the  blessed  light  of  Christianity  amongst 
those  of  you  who,  by  position  or  facilities  of  instruction,  have  fallen  within 
the  reach  of  its  influence.  He  has  not  forgotten,  brave  Cherokees,  that 
when  the  country  has  been  plunged  in  war,  the  Cherokee  warrior  has 
poured  out  the  full  tide  of  his  heart's  blood  by  the  side  of  the  white  man, 
as  if  emulously  contending  which  could  best  defend  a  common  country. 
Think  you,  when  he  looks  at  all  these  things,  he  does  not  feel  a  deep  in- 
terest in  the  destiny  of  the  Cherokee  people  ?  Ho  says,  when  he  looks 
back  upon  the  pages  of  history,  he  sees  but  a  record  of  the  ruin  of  nu- 
merous and  powerful  tribes  of  Indians  who  have  successively  perished  ; 
who  have  undergone  such  complete  extinction,  that  not  a  drop  of  their 
blood,  not  a  word  of  their  language,  is  left,  and  even  their  very  names  are 
preserved  but  in  a  faint  and  treacherous  tradition.  Brothers,  look  from 
Penobscot,  in  the  North,  to  St.  Mary's,  in  the  South,  and  say  what  hag 
been  the  fate  of  the  Indian  tribes  which  have  continued  in  contact  with 
the  white  man  !  Have  they  not  all  perished  ?  All.  In  the  sincerity  of 
your  hearts  answer  me,  and  say,  could  you  under  similar  circumstances 
expect  a  different  fate  ?  The  President  has  said  such  must  not  be  the  fate 
of  the  Cherokee  nation.  Brothers,  hear  the  talk  of  the  President.  These 
are  his  words  :  "  It  has  long  been  an  object  of  anxious  solicitude  with 
the  Ciovernment  of  the  United  States  to  remove  the  Cherokees  beyond 
the  baneful  and  fatal  influences  which  now  surround  them,  and  winch,  if 
they  had  been  suffered  to  remain  in  their  present  position,  must  soon  have 
destroyed  them.  In  pursuance  of  this  humane  policy ^  the  treaty  of  1835 
3 


.34  [  Doc.  No.  99.  J 

was  concluded  with  them.  Notwithstandrng  the  very  hberal  terms  of 
this  treaty,  by  which  the  United  States  haA^e  made  provision  for  the  future 
quiet,  comfort,  and  happiness  of  their  red  brethren,  and  have  agreed  to 
pay  largely  and  liberally  for  the  lands  and  improvements  the  Cherokees 
will  abandon,  a  portion  of  the  nation  are  dissatisfied  with  that  compact, 
and  seek  to  overthrow  it.  Their  delegation  was  assiued  by  the  Execu- 
tive that  this  instrument  is  now  become,  by  mutual  acts  of  ratification, 
the  law  of  the  land,  and  cannot  be  altered  at  the  will  of  either  party  ; 
that  the  President  has  no  power  over  it;  and  that  the  constitution  of  the 
United  States  makes  it  his  imperative  duty  to  cause  it  to  be  executed.  In 
all  the  interviews  had  by  the  Cherokee  delegation  with  the  President  and 
the  Secretary  of  War,  this  language  was  held  to  them,  and  this  declara- 
tion solemnly  repeated." 

In  the  name  of  the  President  I  repeat  this  declaration  now,  to  the  coun- 
cil and  to  the  assembled  nation.  Brothers,  the  President  says  the  people 
©f  the  United  States  and  the  Government  have  hitherto  regarded  the 
condition  of  the  Cherokees  with  great  interest  and  deep  sympathy.  They 
sa.w  them  surrounded  and  pressed  upon  by  a  white  population,  which,  for 
their  own  preservation,  were  compelled  to  extend  their  laws  over  the 
Indian,  as  well  as  their  own  people,  yielding  gradually  to  the  pressme 
and  falling  to  decay.  Encompassed  by  evils,  moral  and  physical,  and 
those  fearfully  increasing,  their  condition  was  becoming  worse  and  worse, 
and  they  were  about  to  disappear,  as  so  many  tribes  had  done  before 
them.  A  few  of  the  chiefs  might  have  survived  the  general  fall  of  the 
nation  ;  but  no  doubt  can  reasonably  be  entertained  that  the  mass  of  the 
people  must  soon  have  perished. 

Brothers,  the  President  says  that,  "  entertaining  these  views,  and  anx- 
iously solicitous  to  avert  so  great  an  evil,  the  Government  sought  to  re- 
move this  people  beyond  the  reach  of  moral  and  physical  causes  which 
were  rapidly,  certainly,  and  evidently  working  their  destruction. 

"  The  nation  for  a  long  time  obstinately  refused  to  listen  to  the  pro- 
posals of  the  Government,  and  resisted  all  our  efforts  to  ameliorate  their 
condition.  Instead  of  being  a  prosperous  and  united  people,  established 
in  a  fertile  region,  independent  of  the  rule  of  the  white  man,  which  is  for- 
eign to  their  customs  and  abhorrent  to  their  notions  of  freedom,  they  still 
linger  in  the  territory  of  the  States,  a  divided  people,  harassed  by  the  en- 
croachments of  the  white  inhabitants,  and  subject  to  laws  they  cannot 
understand.  Instead  of  roaming  unrestrained  over  lands  abounding  in 
game,  they  are  pent  up  by  the  improvements  of  their  neighbors,  and  suf- 
fering under  distresses  and  privations  which  would  soon  terminate  in  their 
ruin  and  utter  extinction.  Those  who  seek  to  withdraw  them  from  such  a 
state,  are  their  friends;  and  those  who  would  mislead  them,  by  urging  them 
to  resist  the  benevolent  designs  of  the  Government,  are  their  enemies, 
and  worthy  the  severest  punishment." 

Brothers,  such  is  the  talk  of  the  President  which  he  has  sent  me  to  lay 
l>efore  you,  that  you  may  know  the  truth  from  hunself  Listen  not  to 
those  who  tell  you  to  oppose  the  benevolent  designs  of  the  Government. 
Tliey  are  wicked  men  ;  they  speak  with  a  forked  tongue,  and  then  bad 
advice  would  lead  to  your  inevitable  ruin.  Brothers,  you  have  heard  the 
words  of  the  President,  they  are  spoken  in  kindness.  When  each  good 
Cherokee  goes  back  to  his  lodge,  and  looks  upon  the  woman  and  the  chil- 
^n  he  loves,  as  he  values  their  welfare  and  his  own,  let  him  remember 


I    Doc.  No.  99.  J  35 

the  words  of  the  President.  Brothers,  the  President  hopes  that  you  will 
see  the  force  of  the  reasons  he  has  given  why  you  cannot  remain  here,  and 
that  you  will  go  contentedly  and  quietly  to  3^our  new  country.  The  Gov- 
ernment will  faithfully  fulfil  all  the  stipulations  and  engagements  which 
it  has  contracted  with  you,  and  its  earnest  desire  is  to  see  you  prosperous 
and  happy,  and  permanently  settled  in  the  fine  country  provided  for  you, 
and  where  you  will  never  again  be  disturbed. 

Brothers,  is  there  among  good  men  a  father  who  could  see  his  children 
exposed  to  dreadful  dangers,  and  not  make  every  effort  to  snatch  them 
away  at  once,  and  place  them  in  safety  ?  The  President  feels  for  you  as 
a  father  for  his  children.  He  sees  you  here  exposed  to  fatal  influences 
which  are  working  your  destruction,  and  he  earnestly  desires  to  place  you 
beyond  their  reach.  Hence  his  anxiety  to  see  you  safe  in  the  new  and 
distant  country  set  apart  for  you.  Once  there,  and  these  bad  influences 
cannot  reach  you.  Here,  you  are  pent  up  within  narrow  limits,  and  with 
difficulty  many  of  your  people  find  even  a  scanty  subsistence.  There  you 
have  a  wide  country  to  yourselves,  where  the  industrious  cultivator  of  the 
soil  will  reap  his  crop  in  peace  and  security,  and  where  the  hunter  will 
find  game  in  abundance.  Here,  you  are  subjected  to  laws  in  the  making 
of  which  you  have  no  voice — laws  which  are  unsuited  to  your  customs 
and  abhorrent  to  your  ideas  of  liberty.  There,  Cherokees,  you  will  make 
laws  for  yourselves,  and  estabhsli  such  government  as,  in  your  own  esti- 
mation, may  be  best  suited  to  your  condition.  There,  Cherokees,  in  your 
new  country,  you  will  be  far  beyond  the  limits  or  jm-isdiction  of  any  State 
or  Territory;  the  country  will  be  yours,  yours  exclusively.  No  other  peo- 
ple can  make  claim  to  it,  and  you  will  be  protected  by  the  vigilant  power 
of  the  United  States  against  the  intrusions  of  the  Avhite  man.  There,  you 
can  cultivate  in  security  the  arts  of  peace,  which  supply  the  comforts  of 
life.  There  you  can  continue,  without  interruption,  the  improvements  in 
your  moral  and  social  condition,  which  you  have  for  many  years  pursued 
with  laudable  zeal  and  eminent  success.  There,  finally,  Cherokees,  to 
give  permanency  to  your  institutions,  and  to  secure  the  peace  and  pros- 
perity of  your  nation,  you  will  be  entitled  to  a  delegate  in  the  House  of 
Representatives  of  the  United  States,  and  thus  be  constituted  a  member 
o'f  this  great  confederacy,  with  a  full  right  to  its  protection,  and  a  full 
participation  in  all  its  advantages  and  blessings. 

Brothers,  I  have  done.  I  shall  never  forget  the  good  Cherokees.  May 
the  Great  Spirit  guide  your  steps  in  the  paths  of  peace,  and,  under  his  di- 
vine protection,  may  you  and  your  children  enjoy  long  life  and  happiness. 

Col.  John  Ross, 

Pri?icipal  Chief  Cherokee  Nation. 


No.  20. 


Red  Clav,  Cherokee  Nation, 

^'iugust  11,  1837. 
Sir  :  I  have  the  honor  to  enclose  to  you  a  copy  of  the  resolutions  of 
the  general  council,  in  reference  to  the  present  condition  of  our  relations 
with  the  Government  of  the  United  States.     These  resolutions  were  pass- 
ed by  the  unajmiious  voice  of  the  people  in  general  council  assembled. 


36  '    '      L  Doc.  Xo.  99.  ] 

the  day  after  your  communication  from  the  President  was  delivered  to 
them.  In  presenting  this  formal  expression  of  the  sentiments  of  the 
Cherokee  people,  it  may  be  proper  to  say  to  you,  as  the  special  agent  of 
the  President,  and  the  organ  through  whom  his  views  have  been  conveyed 
to  them,  that  the  mild  and  conciliating  spirit,  and  the  kindness  of  expres- 
sion which  pervaded  your  address,  were  peculiarly  soothing  to  their  feel- 
ings. It  is  encouraging  to  them  to  be  assured  that  their  efforts  to  escape 
from  ignorance  and  barbarism,  their  improvement  in  the  arts  and  comforts 
of  life,  and  the  diffusion  among  them  of  the  inestimable  blessings  of  Christi- 
anity, meet  the  cordial  approbation  of  the  President.  But,  sir,  it  is  ex- 
tremely painful  to  them,  among  sentiments  so  fraught  with  benevolence 
towards  the  Indian  race  in  general,  and  towards  the  Cherokees  in  particu- 
lar, to  find  any  thing  which  would  conflict  with  the  course  which,  in  com- 
pliance with  the  paternal  advice  of  former  Presidents,  they  had  pursued, 
and  found  to  be  eminently  successful  in  the  advancement  of  their  welfare 
as  a  people.  The  Cherokees  are  indeed  troubled,  sir,  to  hear  that  the 
President  holds  the  New  Echota  compact  to  be  a  valid  treaty  ;  and  fur- 
ther, in  reference  to  that  instrument,  thei-  are  most  painfully  surprised  to 
find  it  affirmed,  in  your  address,  that  mutual  acts  of  ratification  have 
been  performed.  It  is  matter  of  sincere  regret  that  the  acts  of  the  Cher- 
okees, in  regard  to  that  subject,  should  have  been  so  grossly  misrepresent- 
ed to  the  authorities  of  the  Government,  as  to  lead  the  President  to  form 
such  an  opinion.  So  far  have  the  Cherokees  been  from  performing  any 
act  of  ratification,  that  they  have  ever  been  uniform  and  decided  in  their 
opposition  to  it.  The  makers  of  that  pretended  compact,  who  arrogated 
to  themselves  the  style  of  chiefs,  headmen,  and  people,  acted  in  violation 
of  the  positive  injunction  of  the  general  council  of  the  nation,  in  oppo- 
sition to  the  known  will  and  reiterated  protestations  of  the  people. 

As  to  the  present  sentiments  of  the  Cherokees,  and  the  unanimity  with 
which  they  are  entertained,  you  have  doubtless  become  satisfied  by  per- 
sonal observation  ;  and  they  confidently  cherish  the  hope  that  the  repre- 
sentations which  you  may  deem  it  proper  to  make,  will  induce  the  Gov- 
ernment to  change  the  course  of  action  pursued  towards  them.  In  con- 
clusion, sir,  permit  me  to  assure  you  that  the  interviews  with  which  you 
have  honored  many  of  our  citizens  will  long  be  remembered  with  grate- 
ful emotions.  < 
I  have  the  honor  to  be,  sir. 

Your  obedient  servant, 

JOHN  ROSS, 
Principal  Chief  Cherokee  Nation. 

To  John  INIason,  Jr,  Esq., 

United  States  Special  Jigent. 


■    ■  .     No.  21. 

Red  Clay  Council  Ground, 

^^iigust  7,  1837. 

Sir  :  I  herewith  transmit  to  you  a  copy  of  the  proceedings  of  the 
general  council  on  the  subject  of  yom*  letter  hi  reference  to  certain  Creek 
Indians.     So  soon  as  I  may  be  fully  informed  of  the  views  and  determi- 


[  Doc.  No.  99.  J  37 

nation  of  the  United  States  Government  on  the  subject,  I  will  take  steps 
for  communicating  them  to  these  people,  agreeably  to  the  resolution  of 
the  council.  In  reply  to  a  communication  which  I  had  the  houor  of 
addressing  the  Secretary  of  War  on  the  4th  of  May  last,  respecting  cer- 
tam  acts  of  oppression  and  injustice  complained  of  by  the  Cherokees,  I 
have  been  informed  that  the  subject-matter  of  complaint  would  be  strict- 
ly inquired  into,  and  that  you  Avould  be  instructed  to  report  all  the  circum- 
stances connected  with  them  to  the  Department. 

It  is  desirable  the  council  should  be  advised  of  the  result  of  the  inves- 
tigation ;  also  of  the  decision  of  the  War  Department  upon  the  report  ; 
and,  above  all,  whether  the  property  will  be  restored  to  the  proper  own- 
ers. Among  the  articles  seized  with  the  printing-press,  there  was  a  set 
of  books  (the  Encyclopoidia  Americana)  which  had  been  presented, 
through  me,  to  the  nation,  by  a  Mr.  Dunlop,  a  literary  gentleman  of 
Scotland. 

There  have  also  been  various  complaints  made  by  sundry  individual 
Cherokees,  of  trespass  and  outrage  committed  upon  their  property  by 
citizens  of  the  United  States;  many  of  them  having  been  dispossessed  of 
their  house  sand  farms,  and  othersthreatened  with  similar  treatment  :  and, 
in  compliance  with'their  request,  I  would  respectfully  inquire,  how  far  are 
you  authorized  or  instructed  to  extend  relief  or  protection  to  such  sulierers 
by  your  command  ?     You  will  please  to  return  me  an  answer. 

I  have  the  honor  to  be,  sir,  with  great  respect  and  esteem  your  obe- 
dient, humble  servant, 

JNO.  ROSS, 
Principal  Chief  Cherokee  Nation. 

To  Colonel  William  Lindsay, 

Commanding  U.  S.  army,  Cherokee  Nation. 


No.  22. 
Resolution,  ^'C.  of  the  General  Council. 

The  general  council  of  the  Cherokee  nation  have  had  the  subject-matter 
of  Colonel  William  Lindsay's  communication,  respecting  certain  Creek 
Indians,  under  consideration. 

The  authorities  of  the  Cherokee  nation  have  every  disposition  to  com- 
municate to  these  people  the  views  and  determination  of  the  United  States 
Government  respecting  them  ;  but  cannot  take  any  steps  to  lend  their  aid 
to  any  compulsory  measure  for  removing  the  Creeks  out  of  the  limits  of 
the  Cherokee  nation.  The  long-established  intercourse  between  tliem, 
the  usages  and  laws  under  which  they  came  into  this  nation,  together 
with  the  feelings  of  humanity,  when  their  unfortunate  situation  is  consid- 
ered, in  connexion  with  the  peculiar  condition  of  our  own  ati'airs,  all  for- 
bid it  :  Therefore, 

Resolved,  That  the  prmcipal  chief  be,  and  he  is  hereby,  requested  to 
ascertain  fully  the  views  and  determination  of  the  United  States  Govern- 
ment, from  their  agents,  respecting  the  Creeks  in  this  nation  ;  and  to  take 
steps  for  communicating  the  same  for  their  information  as  early  as  practi- 
cable ;  also,  to  inform  them  that  the  Cherokee  nation  cannot  protect  them 


38  '      [  Doc.  No.  99.  ] 

in  their  residence  here,  should  the  power  of  the  United  States  Govern- 
ment be  exerted  against  them  ;  and  such  other  friendly  talk  as  may  be 
proper  and  just  on  the  occasion. 

R.  TAYLOR,  President  National  Committee. 
Concurred  : 

GOING  -f-  SNAKE,  Speaker  National  Council 
S.  Foreman,  Clerk  National  Committee. 
Jesse  Bushyhead,  Clerk  National  Council. 

Red  Clay,  Cherokee  Nation,  August  10,  1837. 


No.  23. 


The  Creeks  residing  in  the  Cherokee  nation  to  John  Ross,  Esq.,  Prin- 
cipal Chief. 

Sir  :  We  have  listened  to  your  talk.  You  say  the  officer  of  the  United 
States  wishes  us  to  go  to  the  West.  We  are  sorry  to  hear  this  talk.  Our 
minds  are  troubled.  We  do  not  Avant  to  go  to  the  West,  unless  the  Chero- 
kees  go  there  too. 

We  speak  to  you  as  the  chief  of  the  Cherokee  nation.  It  has  been  the 
custom  of  our  fathers  and  our  forefathers  to  go  freely  into  each  other's 
country.  With  this  knowledge  we  came  into  the  Cherokee  country.  We 
came  here  to  escape  from  the  evils  of  war.  In  time  of  trouble  we  came 
to  the  Cherokees  as  to  the  home  of  a  brother.  When  we  came,  we  were 
treated  kindly.  Our  red  brethren  made  no  objection.  They  did  not  tell 
us  to  leave  the  country.  But  Ave  have  been  pursued  by  the  white  man 
and  treated  harshly,  Avithout  knoAving  that  Ave  Avere  guilty  of  any  crime. 
While  living  here  Ave  planted  corn  in  the  season,  but  the  Avhite  man  de- 
stroyed it,  and  took  aAvay  much  of  our  other  property.  In  this  bad  treat- 
ment tAvo  of  our  men  Avere  killed,  one  man  shot  through  the  thigh  and 
arm,  and  three  children  lost  in  the  tlight  of  their  mothers,  and  have  not 
been  found.  We  do  not  Avant  to  be  put  into  the  hands  of  these  men.  We 
ask  the  favor  of  you  to  permit  us  to  reside  Avith  you.  We  ask  your  pity 
and  protection.  We  put  ourseh^es  into  your  hands.  We  ask  you  to  speak 
for  us  to  the  President,  our  father,  that  he  may  order  his  men  not  to  hunt 
us  through  the  country.  We  hope  you  Avill  pity  us  ;  Ave  hope  the  Presi- 
dent Avill  pity  us.  We  Avant  to  live  Avith  you.  We  are  Avilling  to  obey 
your  laAvs. 

Again  Ave  speak  to  the  principal  chief  of  the  Cherokees. 

Most  of  our  number  are  connected  Avith  the  Cherokees  by  blood  or 
marriage,  and  those  Avho  are  not  themselves  connected  in  this  manner  are 
nearly  related  to  those  Avho  are.  We  hope  the  Cherokee  chief  Avill  take 
hold  of  us  and  help  us  before  our  father  the  President.  Will  you  tell  the 
President  that  the  son  and  brother  of  Chinnabee,  the  Creek  Avarrior,  Avho 
Avas  the  strong  friend  of  the  Avhites  in  peace  and  Avar,  are  here  Avith  us, 
and  join  Avith  us  in  this  petition.  We  hope  the  chief  Avill  obtain  help  for 
Ms  OAvn  people,  and  that  Ave  may  share  in  that  benefit ;  but,  if  not,  Ave 
are  Avilling  to  share  in  the  atHictions  of  the  Cherokees. 

You  Avill  discover  our  desires,  and  Ave  hope  you  Avill  be  able  to  help  us. 

Signed  at  Red  Clay,  August  12th,  IS 37,  by  your  friends  and  brothers.. 
Chagaledsee  Atsatee  Tsalee 

Dicky  Yaha  Aweoonodena 


[  Doc.  ]N'o.  99.  ] 


Chanagwe 

Tseesee 

Chulatesky 

Taskeketeehee 

Tsoofee 

Toowalaheetsa 

John 

Kanawesteesky 

Tsetoksoo 

Gawohelosky 

Note. — A  copy  of  this 
say,  for  the  information  o 


Ayamakee 

Delagaquala 

Tawetsee 

Tsoofagana 

Lawana 

Dakehege 

Wat  see  sa 

Yaha 

Soometsa 


Atsee 

Leedeefatsor 

Isfaaneeyohoola 

Seeqiia 

Gatsawegesegoo 

Weelee 

Halakyyahoola 

Oosanalee 

Asaleedsee. 


address  was  furnished  to  Colonel  William  Lind- 
f  the  United  States  Government. 


No.  24. 


Washington  City,  at  Mrs.  Argitelles's, 

October  7,  1837. 
Sir  :  The  undersigned,  delegates  duly  authorized  and  representing  the 
Cherokee  nation,  present  their  compliments  to  the  honorable  Secretary, 
and  beg  leave,  through  his  Department,  to  notify  the  Government  of 
their  arrival  in  the  city,  on  business  relative  to  the  interests  of  the  whole 
Cherokee  people,  and  will  be  happy  to  do  themselves  the  honor  of  paying 
their  personal  respects  to  the  honorable  Secretary,  and  his  excellency  the 
President,  at  such  time  as  may  be  convenient,  and  their  pleasure  to 
designate. 

Very  respectfully,  your  obedient,  humble  servants, 

JNO.  ROSS, 
R.  TAYLOR, 
JAMES  BROWN, 
SAML.  GUNTER, 
EDWARD  GUNTER, 
ELIJAH  HICKS, 
'  SITAWAKEE'S  +  mark. 

WHITE  PATH'S  +  mark. 
Hon.  Joel  R.  Poinsett,  Secretary  of  War. 


No.  25. 


War  Department,  October  7,  1837. 
Gentlemen  :  I  have  received  your  note  of  this  date.     It  will  give  me 
pleasure  to  meet  you  at  this  ofRce  on  Monday  next,  at  one  o'clock,  P.  M. 
Very  respectfully,  your  most  obedient  servant, 

J.  R.  POINSETT. 
Messrs,  John  Ross, 
R.  Taylor, 
'■•  James  Brown, 

Samuel  Gunter, 
Edward  Gunter, 
\  Elijah  Hicks, 

Sitawakee, 
W^hite  Path, 
^  JFashington. 


40  [  Doc.  :^o.  99.  ] 


No.  26. 
Washington  City,  November  14,  1837. 

Sir  :  In  pursuance  of  the  understanding  between  us  at  our  last  interview, 
the  undersigned  submit  to  you  a  proposition,  on  behalf  of  the  Cherokee 
delegation,  to  which  they  invite,  through  you,  the  deliberate  consideration 
of  the  Government  of  the  United  States. 

We  need  not  reiterate  to  you  our  sincere  and  anxious  desire  harmoni- 
ously to  arrange  all  our  difficulties.  Independently  of  that  feeling  which 
has  ever  animated  the  Cherokee  nation,  and  which  upon  all  occasions 
has  led  it  to  cultivate  the  most  friendly  relations  with  their  white  brethren, 
we  are  now  prompted  to  pursue  the  same  course  by  every  motive  of  pru- 
dence and  of  interest. 

We  have  not  attempted  to  disguise  to  ourselves  the  embarrassments 
which  surround  us.  We  know  your  strength  to  be  such,  that  any  attempt 
to  resist  your  will  would  be  fruitless  and  unavaiUng.  But  while  we 
recognise  your  power,  we  feel  that  the  disparity  which  exists  between 
the  parties  in  that  particular  can  in  no  degree  affect  the  rights  of  either. 
Your  superior  strength  may  enable  you  to  drive  us  from  the  homes  which 
have  been  endeared  to  us,  without  providing  for  us  a  place  of  refuge,  or 
furnishing  us  with  the  means  of  providing  one  for  ourselves  ;  but  such  a 
procedure  would,  when  tested  by  the  rules  of  justice  and  morality,  be 
decided  without  reference  to  the  greater  or  less  degree  of  strength  which 
might  belong  to  the  parties  respectively. 

We  are  also  aware,  to  a  certain  extent  at  least,  of  the  embarrassing 
position  which  the  Government  itself  occupies  in  relation  to  this  matter ; 
of  the  "feverish  excitement"  (to  employ  your  own  phraseology)  which 
has  manifested  itself  in  Georgia  and  Alabama  in  regard  to  it :  but  we 
cannot  recognise  in  this  state  of  things  any  thing  which  can  vary  or  modify, 
in  the  slightest  degree,  the  relative  rights  of  the  parties.  It  will  not  justify 
you  in  wresting  from  us  our  property,  that  you  are  urged  to  this  act  by 
any  other  influence.  It  will  not  diminish  our  injuries,  or  our  sense  of 
them,  to  know  that  you  have  been  induced  to  them  by  the  desires  of 
others.  We  have  not,  by  any  act  of  ours,  created  or  augmented  this 
excitement.  We  have  had  no  instrumentality  in  it,  and  cannot,  so  far  as 
Justice  and  equity  are  concerned,  be  affected  by  it. 

While,  however,  such  are  our  views,  we  cannot  shut  our  eyes  to  the 
fact,  that  the  circumstances  to  which  we  have  adverted  may,  in  a  greater 
or  less  degree,  materially  influence  our  fate.  Were  it  not  for  them,  no 
difficulties  would  exist  between  the  United  States  and  ourselves.  If  you 
were  desirous  of  purchasing  our  property,  you  would  offer  us  terms  pro- 
portionate to  the  value  you  attached  to  that  which  you  wished  to  acquire. 
If  we  were  satisfied  with  the  proposition,  the  bargain  would  be  con- 
cluded ;  and  if  not,  the  proffer  would  be  declined,  without  offence  being 
given  or  received. 

Instead,  however,  of  such  an  arrangement,  we  are  met  on  the  threshold 
of  this  negotiation  with  a  peremptory  demand  to  relinquish  at  least  a  por- 
tion of  our  property.  We  are  not  permitted  to  decline  selling.  We  are 
not  allowed  to  say  we  prefer  remaining  where  our  fathers  lived  before  us 
to  any  compensation  you  can  give.  The  demand  is  imperative,  and  no 
option  is  allowed  us.  Upon  precisely  the  same  principle,  and  with  but 
comparatively  a  small  extension  of  it,  you  might  yourselves  dictate  the 


[  Doc.  No.  99.  J        '  4^ 

terms  and  prescribe  the  conditions  of  the  sale.  We  admit  yom-  power  to 
do  all  this;  and  as  a  matter  of  right,  we  cannot  distinguish  between  them. 

In  point  of  fact,  we  feel  that  we  are  nnder  duress :  that  we  are  not  at 
liberty  to  close  the  Avhole  concern  by  declining  to  make  a  cession  upon 
any  terms  ;  nor  are  we  in  the  situation  which  every  other  proprietor  is 
recognised  to  occupy,  to  prescribe  the  terms  upon  which  we  will  sell.  In 
the  frank  and  friendly  communications  between  you  and  om'selves,  we 
think  it  proper  that  we  should  apprize  you  that  we  are  aware  of  the 
position  we  occupy.  It  Avill  be  received  by  you  in  the  same  spirit  that  it 
is  expressed — not  as  indicating  unkindness,  but  as  the  mere  annunciation 
of  a  fact  equally  well  known  to  both  parties. 

With  these  preliminary  remarks,  we  will  proceed  to  repeat  what  we 
have  already  distinctly  informed  you,  and  the  truth  of  which  your  recent 
visit  to  the  nation  must  have  abundantly  proved,  that  the  Cherokee  nation 
never  have  recognised,  and  never  can  recognise,  any  moral  obligation  in 
the  instrument  purporting  to  be  a  treaty  between  them  and  the  United 
States,  dated  in  December,  IS 35.  The  Government  has  long  been  in  pos- 
session of  our  views  upon  that  subject,  and  it  is  unnecessary  here  to  repeat 
them. 

The  rights  of  the  parties,  in  our  view  of  the  matter,  then,  are  fixed  by 
the  treaty  of  1819.  Were  we  free  to  choose,  we  should  prefer  that  the 
stipulations  of  that  treaty  should  remain  unaltered.  When  it  was  con- 
cluded, it  was  the  understanding  of  both  parties — unquestionably  so  of  the 
Cherokees — that  such  was  its  design,  and  such  would  be  its  effect.  But 
we  are  not  permitted  to  choose.     Something  more  is  required  of  us. 

Deeply  impressed  with  a  sense  of  our  situation,  we  should  have  prefer- 
red that  we  might  have  been  spared  (what  we  cannot  but  think  a  mere 
form)  being  called  upon  on  our  part  to  offer  propositions.  It  is  wholly  im- 
material what  we  wish.  We  could  be  well  contented  with  the  remnant 
of  our  former  domain,  secured  to  us  by  the  treaty  of  1819,  and  the  fulfilment 
of  the  stipulations  of  that  compact.  It  is  the  United  States  who  wish  those 
terms  changed.  It  is  they  who  wish  for  more  of  our  territorty.  It  would  be 
more  simple  and  straightforward  for  you  to  tell  us,  once  for  all,  what  you 
intend  to  have,  and  what  terms  you  are  determined  to  grant.  You  know, 
and  we  are  not  ignorant  of  it,  that  we  are  not  at  liberty  to  choose. 

If,  however,  the  United  States,  on  any  ground,  and  for  any  purpose,  are 
desirous  of  obtaining  our  assent  to  their  views,  they  best  Imow  what  is 
the  value  they  attach  to  that  assent,  and  what  are  the  conditions  upon 
which  they  are  willing  to  obtain  it.  We  are  incompetent  to  form  such 
a  judgment. 

In  one  of  our  early  interviews  we  did  propose  to  make  a  further  ces- 
sion of  lands  in  Georgia,  and  indicated  a  boundary,  which,  if  the  terms 
could  be  made  acceptable,  we  would  be  willing  to  establish.  This  prop- 
osition you  declared  inadmissible.  To  present  it  again  in  terms  Avould, 
we  fear,  be  useless  ;  but  we  feel  disposed,  under  existing  circumstances,  to 
go  further,  in  order  to  avert  the  consequences  which  threaten  us.  We  pro- 
pose, then,  in  general  terms,  to  make  a  further  cession  of  our  territory,  and 
to  change  the  boundary  as  established  by  the  treaty  of  1819,  so  as  to  con- 
vey all  the  lands  belonging  to  us  within  the  limits  of  the  State  of  Georgia, 
retaining  only  so  much  as  sliall  be  agreed  upon,  as  furnishing  a  convenieiit 
and  sufiicieiit  connexion  between  the  residue  of  our  territory,  upon  such 
terms  and  conditionsas  the  parties  shall  concur  in.  Shouldthis  proposed  basis 


42  [  Doc.  No.  99.  ] 

of  a  negotiation  meet  your  assent,  we  are  prepared,  at  once,  to  proceed  in 
arranging  all  matters  in  difference.  The  considerations  Avhich  we  have 
already  presented,  furnish  the  most  perfect  guaranty  that  all  our  wishes 
and  all  our  interests  incline  us  to  a  satisfactory  and  amicable  adjustment. 

We  have  the  honor  to  be,  sir,  very  respectfully,  your  obedient,  hum- 
ble servants, 

JOHN  ROSS, 
EDWARD  GUNTER. 
Col.  John  Mason,  Jr.,  Georgetoivn,  D.  C. 


No.  21. 


Washington,  November  24,  1837. 

Gentlemen  :  Your  letter  of  the  14th  instant  was  received  on  the  16th. 
The  proposition  to  convey  all  the  Cherokee  lands  within  the  limits  of 
Georgia,  except  so  much  as  may  furnish  a  convenient  and  sufficient  con- 
nexion with  the  residue  of  the  Cherokee  territory,  is  but  a  repetition  of 
that  made  in  conversation  a  few  days  ago,  and  which  was  declared  inadmissi- 
ble. This  proposition  is  founded  in  error.  The  Executive  cannot,  were 
it  so  disposed,  alter  the  essential  features  of  the  treaty  of  December,  1S35. 
Whatever  may  be  the  opinion  entertained  of  its  validity  by  that  portion  of 
the  Cherokee  nation  over  whom  you  and  your  friends  exercise  an  ac- 
knowledged influence,  it  is  regarded  here  as  a  binding  instrument.  Hav- 
ing been  ratified  by  the  Senate  of  the  United  States,  the  States  interested 
have  a  constitutional  right  to  insist  upon  its  execution,  and  the  Executive 
is  bound  to  carry  its  stipulations  into  effect.  So  far  then,  at  least,  as  the 
entire  cession  of  all  the  Cherokee  lands  contained  within  the  limits  of 
Georgia,  Tennessee,  North  Carolina,  and  Alabama  is  concerned,  no  modi- 
fication of  the  treaty  of  December,  1835,  can  be  admitted.  In  relation  to 
this  instrument,  you  observe,  "  that  the  Cherokee  nation  never  have  rec- 
ognised, and  never  can  recognise,  any  moral  obligation  in  the  instrument 
purporting  to  be  a  treaty  between  them  and  the  United  States,  dated  in 
December,  1835  ;"  and  for  the  truth  of  this  remark,  you  appeal  to  my 
personal  knowledge,  derived  from  actual  observation,  on  my  recent  visit 
to  your  nation.  I  have  more  than  once  stated  to  you  my  convictions  on 
this  point.  I  know  that  your  people  are  generally  opposed  to  that  treaty: 
but  I  believe  their  opposition  is  directed  principally,  not  against  the  pro- 
visions of  the  treaty,  but  against  the  authority  (or,  as  you  say,  the  non-au- 
thority) by  which  it  was  made  ;  and  I  believe,  further,  that  if  you,  and  the 
chiefs  associated  with  you  on  your  present  mission,  were,  in  behalf  of  your 
nation,  to  enter  into  a  compact  precisely  similar  in  every  respect,  your  people 
would  conform  to  its  provisions  without  a  murmur.  Believing  this,  know- 
ing you  have  the  confidence  of  your  people,  and  are  fully  empowered  "  to 
act  for  them  in  the  final  adjustment  of  every  matter  mutually  interesting 
to  the  United  States  and  the  Cherokee  nation,"  I  am  surprised,  while  you 
"  reiterate  your  sincere  and  anxious  desire  harmoniously  to  arrange  all 
your  difficulties,"  to  find  you  persevere  in  ottering  propositions  which 
have  been  repeatedly  rejected  ;  thus  making  no  advance  whatever  in  an 
object  of  vital  interest  to  yom'  people. 


[  Doc.  Xo.  99.  ]  4* 

As  to  the  moral  obligation  of  the  Cherokee  nation  to  abide  the  essential 
provisions,  at  least,  of  the  treaty  of  December,  1835,  I  refer  you  to  the 
correspondence  of  their  delegation,  composed  of  yourself,  (Mr.  Ross.)  and 
your  friends,  with  the  Secretary  of  War,  dated  in  the  months  of  February 
and  March  preceding.  In  this  correspondence  you  proposed  a  cession  of 
your  Avhole  territory  for  a  moneyed  consideration  ;  the  amount  of  which 
being  thought  extravagant  by  the  President,  you  then  proposed  to  submit 
the  question,  as  to  the  sum  to  be  paid  for  an  entire  cession,  to  the  sense  of 
the  Senate  of  the  United  States,  and  agreed  for  yourselves  to  abide  the 
award  of  the  Senate,  and  to  recommend  the  same  to  the  adoption  of  your 
nation.  The  question  was  referred  to  the  Senate,  and  the  Senate,  by  reso- 
lution, "  stated,  as  their  opinion,  that  a  sum  not  exceeding  five  millions  of 
dollars  should  be  paid  to  the  Cherokee  Indians  for  all  their  lands  and  pos- 
sessions east  of  the  JNIississippi."  The  Secretary  of  War  immediately  an- 
nounced his  readiness  to  negotiate  with  you  on  this  basis;  and,  to  satisfy 
and  conciliate  all  Cherokee  interests,  even  proposed,  should  it  be  necessa- 
ry, to  negotiate  with  both  the  delegations  then  here.  Could  any  thing 
further  be  asked  of  the  United  States  ?  Their  pledges,  at  least,  were  ful- 
ly redeemed.  But,  after  all  this,  you  and  your  friends  refused  to  treat, 
and  the  treaty  of  December,  1835,  was  made  with  the  other  party,  on  the 
basis  prescribed  by  yourselves,  viz  :  a  cession  of  the  whole  Cherokee  ter- 
ritory east  of  the  Mississippi,  for  the  sum  of  five  millions  of  dollars.  Al- 
though, as  is  thus  shown  conclusively,  the  United  States  have  a  perfect 
right  to  enforce  the  treaty  of  December,  1835,  yet  the  desire  of  the  Exec- 
utive not  to  cause  unnecessary  suffering  to  the  Cherokees,  in  the  perform- 
ance of  his  duty,  induces  the  Secretary  of  War  to  listen  to  any  proposals 
Avliich  he  can  accept  without  violating  the  previous  engagements  of  the 
Government,  and  which  may  be  acceptable  to  the  chiefs  now  here,  and 
lead  them  to  advise  the  Indians  peaceably  to  retire  from  the  country  they 
now  occupy. 

The  authorities  here  are  not  ignorant  of  the  influence  exercised  by  the 
chiefs  now  in  Washington  upon  the  conduct  of  the  Cherokees.  They  are 
fully  aware  that  it  is  in  your  power  to  induce  the  Indians  to  resist  the  ex- 
ecution of  the  treaty,  even  by  force  of  arms,  or  to  submit  peaceably  to  fid- 
fil  its  stipulations.  They  are  aware  that,  by  your  advice,  the  Indians  have, 
in  many  instances,  withdrawn  from  their  engagements  to  emigrate  the 
present  season  ;  and,  by  this  conduct,  are  losing  the  benefit  of  removing 
at  the  season  best  fitted  for  such  operations.  If  you  value  the  Avelfare  of 
your  people,  why  shut  your  eyes  to  the  evils  and  sufierings  such  counsel 
must  inevitably  entail  upon  them  ?  Upon  you  rests  the  responsibility  of 
the  consequences,  dreadful  as  they  may  be  ;  and  when  the  period  arrives 
for  carrying  out  the  provisions  of  the  treaty,  and  the  imperative  mandate 
of  the  law  must  be  executed  by  the  United  States,  the  Cherokees,  com- 
pelled to  leave  their  present  homes  imprepared,  will  perceive,  too  late,  they 
have  been  misled  by  false  hopes,  and  may  bitterly  repent,  amidst  tears 
and  blood,  having  listened  to  such  advice. 

You  are  mistaken  when  you  say,  if  we  wish  to  purchase  your  lands, 
the  proposition  ought  to  come  from  us.  As  I  have  shown  above,  we 
consider  the  bargain  concluded  by  which  the  lands  are  ceded  to  the 
United  States.  But,  knowing  that  a  large  portion  of  your  people  are 
averse  to  the  execution  of  the  treaty  as  it  now  stands,  the  Government 
is  willing,  for  the  sake  of  peace  and  humanity,  to  ask  what  further  we 
can  do  to  render  it  acceptable  to  them. 


44  [  Doc.  No.  99.  ] 

We  know,  gentlemen,  that  you  and  your  friends  here  are  too  mtelli- 
gent  not  to  be  aware  of  the  mevitable  consequences  of  your  people  re- 
maming  where  they  now  are  :  with  the  laws  of  the  States  extended  over 
them,  and  the  white  population  pressing  constantly  upon  them,  their  ex- 
istence as  a  people  would  be  short,  and  they  would  perish  amidst  all  that 
degradation  which  has  marked  the  extinction  of  so  many  of  the  tribes 
of  red  men  who  have  been  placed  in  similar  circumstances.  Whatever, 
then,  may  be  the  views  and  wishes  of  the  chiefs  in  connexion  with  the 
permanent  residence  of  the  Cherokees  on  a  part  of  the  territory  they 
now  occupy,  the  Government  of  the  United  States,  persuaded  that  they 
would  eventually  produce  these  consequences,  cannot  permit  them  to  be 
consummated.  Under  any  circumstances,  the  Cherokees  must  remove 
to  the  lands  set  apart  for  them  in  the  West ;  and  if  the  chiefs  now  here 
are  not  disposed  to  treat  upon  this  basis,  and  to  submit  such  propositions 
as  may  render  the  treaty  more  acceptable  to  them  and  to  their  people, 
the  sooner  the  correspondence  is  ended  the  better  ;  as  it  may  be  calcu- 
lated to  raise  expectations  which  never  can  be  realized,  and  to  deter  the 
Cherokees  from  doing  that  which  both  their  interests  and  humanity  re- 
quire, namely,  promptly  and  peaceably  setting  about  their  preparations 
for  removal  to  the  West. 

Be  assured,  gentlemen,  that  I  shall  be  most  highly  gratified  on  receiv- 
ing such  a  reply  to  this  letter  as  may  lead  to  an  arrangement  of  your 
difficulties.  Taking  the  basis  of  removal  as  the  foundation  of  your  pro- 
posals, I  do  not  conceive  there  will  be  any  material  obstacle  to  a  satisfac- 
tory understanding  as  to  detail. 

I  am,  gentlemen,  with  great  respect,  your  obedient  servant, 

J.  MASON,  Jr. 

■    To  Messrs.  John  Ross  and  Edward  Gunter. 


No.  28. 


Washington  City,  December  6,  1S37. 

Sir  :  Circumstances  not  under  our  control  hai'^e  prevented  us  from 
sooner  acknowledging  the  receipt  of  your  communication  under  date 
of  the  24th  ultimo. 

The  annunciation  by  you  that  the  Government  of  the  United  States 
will  insist  upon  the  terms  of  the  (so  called)  treaty  of  December,  1835, 
and  that  the  Cherokees  must  at  all  events  remove  to  the  lands  set  apart 
for  them  in  the  West,  has  filled  us  with  the  most  profound  sorrow.  It 
was  what  we  had  not  anticipated  from  our  previous  intercourse  with  you 
or  the  Department.  If  this  be  the  only  basis  which  will  be  recognised 
in  any  future  negotiations,  we  have  nothing  to  do  but  patiently  to  submit 
ourselves  to  the  horrible  fate  with  which  we  are  menaced,  and  humbly  to 
implore  our  Creator  for  resignation  under  our  calamities.  The  annuncia- 
tion that  we  are  to  be  driven  by  force,  if  necessary,  from  our  homes,  our 
hearths,  our  lands,  our  country,  fills  to  overflowing  our  cup  of  bitterness. 

The  termination  thus  given  to  our  intercourse  Avould  dispense  with  our 
doing  more  than  merely  to  acknowledge  the  receipt  of  your  communica- 
tion, and,  had  your  note  confined  itself  to  this,  such  would  have  been 


I    Doc.  No.  99.  J  45 

our  course  ;  but  you  have  adverted  to  other  matters,  and  made  state- 
ments Avhich  seem  to  impose  the  ohiigation  upon  us  of  once  more  setting 
forth  our  views,  lest  silence,  even  now,  might  be  thought  by  implication 
to  be  an  admission  of  their  correctness.  We  beg  your  patience  v/ith  us 
once  more.  These  are  perhaps  the  last  words  you  will  hear  from  us, 
and  we  utter  them  with  all  the  solemnity  which  ought  to  accompany  them 
were  we  on  our  dying  beds,  and  about  to  render  an  account  to  the 
omnipotent  and  omniscient  Judge  of  every  word  spoken  in  the  body. 
You  inform  us  that  the  instrument  of  December,  1835,  "is  regarded  here 
as  a  binding  instrument.  Having  been  ratified  by  the  Senate  of  the 
United  States,  the  States  interested  have  a  constitutional  right  to  insist 
upon  its  execution,  and  the  Executive  is  bound  to  carry  its  stipulations 
into  effect."  We  do  not  profess  to  be  skilled  in  the  provisions  of  your 
constitution  •,  and  we  have  perhaps  heretofore  been  in  error  when  we 
presumed  that  the  assent  of  the  parties  to  such  a  com])act  was  that  which 
gave  to  it  its  obligatory  character,  and  that  the  ratification  by  the  Senate 
was  merely  the  mode  prescribed  by  the  constitution  of  the  United  States, 
in  which  the  assent  of  one  of  those  parties  was  to  be  manifested.  We 
had  never  before  been  informed  that  the  ratification  by  the  Senate  was 
any  evidence  of  the  assent  of  the  other  party  to  the  compact,  or  in  any 
m.anner  dispensed  v.ith  that  assent.  Had  we  been  informed  at  an  earlier 
period  in  our  history  that  any  portion  of  the  Government  of  the  United 
States  could  make  that  a  binding  treaty  upon  us  in  which  we  ourselves 
never  had  concmred,  our  course  would  have  been  different  from  what  it 
has  been.  The  idle  formalities  of  negotiation  and  of  our  signatures  might 
have  been  dispensed  with,  and  we  should  long  since  have  recognised  our 
position  to  be  that  hi  which  we  now  find  oiu'selves — wliolly  dependent 
upon  the  will  of  our  white  brethren,  with  none  of  the  riglits  or  privileges 
which  your  nation  has  taught  us  we  possessed,  and  which  it  promised  to 
protect.  In  forming  and  acting  upon  an  opinion  which  it  now  appears 
is  deemed  so  erroneous,  and  in  believing  that  the  United  States  would 
disclaim  any  rights  derived  under  an  instrument  tainted,  as  this  is,  with 
the  original  defect  of  having  been  wholly  unauthorized  by  the  nation 
which  it  professed  to  bind,  we  had  not  only  been  governed  by  our  own 
principles  and  views  of  morality  and  justice,  but  had,  as  we  thought,  seen 
a  distinct  acknowledgment  of  their  correctness  by  the  Executive  of  the 
United  States.  In  the  treaty  entered  into  in  January,  1S26,  by  our  neigh- 
bors the  Creeks  with  the  United  States,  we  found  it,  in  terms,  declared 
that  "  whereas  a  treaty  was  concluded  at  the  Indian  Springs  on  the  12th 
day  of  F'ebruary  last,  between  commissioners  on  the  part  of  the  United 
States  and  a  portion  of  the  Creek  Indians,  by  which  an  extensive  dis- 
trict of  country  was  ceded  to  the  United  States  : 

"  And  whereas  a  great  majority  of  the  chiefs  and  warriors  of  the  said 
nation  have  protested  against  the  execution  of  the  said  treaty,  and  have 
represented  that  the  same  was  signed  on  their  part  by  persons  having  no 
sufiicient  authority  to  form  treaties  or  to  make  cessions,  and  that  the  stipu- 
lations in  the  said  treaty  are,  therefore,  wholly  void  : 

"  And  whereas  the  Uintcd  States  are  unwilling  tliat  difficulties  should 
exist  in  the  said  nation,  which  may  eventually  lead  to  an  nitestine  war, 
and  are  still  more  unwilling  that  any  cessions  of  land  should  be  made  to 
them,  unless  with  the  fair  understanding  and  full  assent  of  the  tribe  ma- 
king such  cession,  and  for  a  jtist  and  adequate  consideration  ;  it  being  the 


46  •      [  Doc.  No.  99.  ] 

policy  of  the  United  States,  in  all  their  intercourse  with  the  Indians,  to 
treat  them  justly  and  liberally,  as  becomes  the  relative  situation  of  the 
parties : 

"  Now,  therefore,  in  order  to  remove  the  difficulties  which  have  thus 
arisen,  to  satisfy  the  great  body  of  the  Creek  nation,  and  to  reconcile 
the  contending  parties  into  which  it  is  unhappily  divided,  the  following 
articles  have  been  agreed  upon  and  concluded,  between  James  Barbour, 
Secretary  of  War,  specially  authorized  as  aforesaid,  and  the  said  chiefs 
and  headmen  representing  the  Creek  nation  of  Indians. 

"  Article  1.  The  treaty  concluded  at  the  Indian  Springs,  on  the  12th  day 
of  February,  1825,  between  commissioners  on  the  part  of  the  United 
States  and  the  said  Creek  nation  of  Indians,  and  ratified  by  the  United 
States  on  the  7th  day  of  March,  182  5,  is  hereby  declared  to  be  null  and 
void,  to  every  intent  and  purpose  whatsoever ;  and  every  right  and  claim 
arising  from  the  same  is  hereby  cancelled  and  surrendered." 

We  now  understand  it  to  be  the  settled  determination  of  the  Executive 
to  carry  into  effect  the  stipulations  of  the  paper  of  December,  not  because 
the  Cherokee  nation  ever  gave  its  assent  to  that  document,  but  because 
the  Senate  of  the  United  States,  by  ratifying  it,  have  dispensed  with  the 
necessity  for  such  assent.  We  are  glad  to  have  the  matter  placed  upon 
its  true  footing.  We  shall  not  venture  to  controvert  the  validity  of  this 
doctrine,  or  to  question  its  rightful  application  to  our  case. 

On  the  subject  of  our  appeal  to  your  personal  knowledge  of  the  state 
of  feeling  in  our  country,  you  have,  as  you  remark,  more  than  once  stated 
to  us  your  "  convictions  on  this  point."  W"e  have  miderstood  you  uni- 
formly to  express  your  opinion  that  the  Cherokees  were,  as  a  nation,  op- 
posed to  that  instrument  ;  that  the  hostility  to  it  was  not  the  work  of  one 
man,  or  a  few  men,  or  of  a  large  party — it  was  national,  and  almost  unan- 
imous. In  the  opinion  you  intimate,  that  this  "  opposition  is  directed 
principally,  not  against  the  provisions  of  the  treat}^,  but  against  the  au- 
thority, or  as,  (we)  say,  the  non-authority,  by  which  it  was  made,"  we 
cannot  altogether  concur,  if  it  be  meant  to  intimate  that  it  was  not  at  the 
same  time  strongly  decided  against  its  provisions. 

The  Cherokee  nation  have,  on  all  occasions,  and  Avith  great  unanimity, 
repudiated  these  terms  ;  they  have  ever  refused  to  negotiate  upon  them. 
But  is  it  possible  to  place  the  matter  upon  stronger  or  higher  ground  than 
you  have  yourself  done  ?  How  can  it  be  material  what  are  the  stipula- 
tions of  an  instrument  professing  to  be  a  treaty,  if  the  fatal,  the  conclusive 
objection,  exists  that  no  authority  was  ever  given  to  negotiate  it?  This 
is,  it  is  true,  the  principal  ground  which  we  have  urged ;  but  it  was  be- 
cause, to  our  plain  and  untutored  minds,  it  did  appear  to  constitute  the 
main  subject  of  inquiry.  "We  entertained  the  opinion  that  if  our  nation 
had  sanctioned  that  instrument,  we  were  precluded  from  questioning  the 
obligatory  character  of  its  stipulations  ;  and  that,  if  it  was  unauthorized, 
any  inquiry  into  its  terms  was  unnecessary. 

You  farther  express  an  opinion  that  if  we,  and  the  chiefs  associated 
with  us,  were  to  enter  into  a  compact  precisely  similar  in  every  respect, 
our  people  would  conform  to  its  provisions  without  a  murmur.  Let  us 
submit  to  your  candor  whether  it  would  be  a  fair  argument  were  we  to 
urge,  that  if  the  Executive  of  the  United  States  were  to  enter  into  a  new 
negotiation  with  us,  assuming  as  its  basis  that  the  instrument  of  1835 
was  fraudulent  and  unauthorized,  and  therefore  void,  and  to  submit  this 


f  Doc.  No.  99.    I  47 

matter  to  the  Senate,  with  the  eA^dence  to  sustahi  this  proposition,  that 
body  would,  "without  a  murmur,"  sanction  the  act  ? 

But  indeed,  sir,  you  have  misunderstood  the  Clierokee  people,  and  mis- 
apprehended our  relations  to  them.  We  feel  proud  when  we  say  we 
concur  in  your  opinion  that  we  possess  their  confidence,  but  we  possess 
it  because  we  have  endeavored  to  deserve  it.  Were  we  so  to  use  that 
confidence,  or  rather  so  to  abuse  it,  as  to  recommend  to  them,  as  a  matter 
of  voluntary  arrangement,  to  acquiesce  in  terms  which  in  our  hearts  we 
believe  inequitable  and  unjust,  and  which  they  have  on  all  occasions 
pointedly  rejected,  we  should  soon  experience  what  we  should  certainly 
merit — the  entire  withdrawal  of  that  confidence. 

In  relation  to  the  moral  obligation,  on  our  part,  to  abide  "  the  essential 
provisions  of  the  treaty  of  December,  1835,"  you  refer  us  to  the  correspond- 
ence between  our  delegation  and  the  Secretary  of  War,  in  February  and 
March,  preceding  its  date  ;  and  seem  to  infer  from  it  that  we  have  violated 
a  pledge  then  given.  Having  so  often  placed  this  matter  in  its  true  light, 
we  cannot  conceal  our  surprise  to  find  it  thus  again  presented,  and  again 
coupled  with  at  least  a  strongly  implied  insinuation  that  we  have  been 
faithless  to  our  engagements.  Once  for  all,  we  give  to  this  intimation  our 
unequivocal  denial.  We  deny  that  we  gave  any  pledge  from  Avhich  we 
have  swerved  ;  we  deny  that  our  proposition  was  accepted  by  the  Exec- 
utive ;  on  the  other  hand,  it  was  rejected.  We  deny  that  the  matter  as 
proposed  was  submitted  to  the  Senate  ;  we  deny  that  the  Senate  arbi- 
trated upon  the  matter  in  difference;  and  we  cannot  think  we  are  justly 
dealt  with,  when  this  subject  is  thus  stated,  and  our  personal  integrity,  as 
well  as  public  faith,  thus  impeached  upon  grounds  wholly  imaginary. 

Even  admitting  the  correctness  of  your  premises,  we  are  unable  to  per- 
ceive how  it  is  "  conclusively  shown"  from  them  that  the  United  States 
have  "a  perfect  right  to  enforce  the  treaty  of  December,  1835."  Even  the 
version  now  given  to  the  correspondence  cannot  impute  to  us  any  thing  fiu'- 
ther  than  a  pledge  to  negotiate  a  treaty  conditional  upon  its  being  subse- 
quently ratified  by  the  nation.  No  such  ratification  has  ever  been  given 
to  this  spurious  instrument  ;  nor  can  we  comprehend  how,  even  had  we 
been  faithless  to  our  personal  engagements,  (which,  however,  we  peremp- 
torily deny,)  such  misconduct  on  our  part  would  give  validity  to  an  instru- 
ment executed  by  individuals  wholly  unauthorized  by  the  principals  whom 
they  professed  to  represent,  and  immediately  and  absolutely  repudiated 
by  such  principals. 

You  say,  in  a  subsequent  part  of  your  letter,  that  the  authorities  here 
"  are  aware  that  by  (our)  advice,  the  Indians  have,  in  many  instances, 
withdrawn  from  their  engagements  to  emigrate  the  present  season."  In 
answer  to  this,  a  proper  self-respect  compels  us  to  say,  that,  in  this  par- 
ticular, as  in  many  others,  "the  authorities  here"  have  been  deceived  by 
false  information.  The  whole  accusation  is  destitute  of  even  a  shadow  of 
truth  :  and,  through  you,  we  solicit  the  Department  to  exhibit  to  us  the 
evidence  upon  which  such  an  accusation  has  been  preferred. 

We  are,  sir,  well  aware  of  the  calamities  which  impend  over  our  un- 
fortunate race.  We  know  that  the  alternative  is  submitted  to  us,  either 
to  recognise  the  validity  of  an  instrument  which  we  believe  fraudulent 
and  void,  and  admit  that  we  are  justly  driven  from  oiu:  country  and  our 
homes  ;  or  submitto  be  thus  expelled  by  irresistible  force,  without  this  base 
humiliation.  We  should  be  recreant  to  ourselves,  faithless  to  our  profes- 
sions; traitors  to  our  country;  did  we  yield  to  the  former. 


48  [  Doc.  No.  99.  ] 

Your  letter,  sir,  has  taken  from  us  our  last  hope — a  hope  in  which  we 
had  indulged,  from  a  just  respect  to  your  personal  character,  and  in  which 
we  were  encouraged,  perhaps,  by  misapprehending  some  of  your  commu- 
nications. In  terminating  this  correspondence,  we  avail  ourselves  of  the 
opportunity  it  affords  to  express  to  you  our  undiminished  regard  and  per- 
sonal esteem. 

We  have  the  honor  to  be,  sir,  your  obedient,  humble  servants, 

JOHN  ROSS, 


Col.  John  Masox,  Jun, 


EDWARD  GUNTER. 


No.  29. 

Washington  City,  December  26,  1S37. 
Sir  :  You  have  doubtless  been  apprized  by  Mr.  Mason,  with  whom, 
at  the  instance  of  the  Department,  the  delegation  of  the  Cheroke^nation 
of  Indians  have,  for  some  time,  been  in  communication,  that  the  confer- 
ences between  us  have  terminated  without  any  adjustment  of  the  matters 
in  which  we  are  interested. 

The  communications  addressed  to  that  gentleman  will  exhibit  the 
grounds  upon  which  Ave  proposed  to  negotiate  with  the  Government  of 
the  United  States.  The  President  having  referred  us  to  you,  as  the  offi- 
cial organ  of  the  Government,  and  our  communications  with  Mr.  Mason 
being  informal,  we  are  compelled  again  to  address  you,  and  to  state  that 
we  are  authorized  by  the  nation  whom  we  represent  to  enter  into  any 
negotiation  with  the  Government  of  the  United  States,  upon  all  the  mat- 
ters of  common  interest  to  both  parties,  on  the  basis  that  the  instrument 
called  the  treaty  of  December,  1S35,  shall  not  be  considered  binding  on 
either  party.  It  would  be  unnecessary  to  go  into  any  detail,  at  ihis  time, 
either  of  the  grounds  upon  which  we  assume  the  utter  invalidity  of  that 
instrument,  or  the  extent  to  which  we  should  feel  ourselves  authorized  to 
go,  should  the  proposed  basis  be  acceded  to.  You  are  fully  in  possession 
of  the  first ;  and  the  second  can  only  be  material,  should  our  proposition 
be  entertained.  Such  being  our  proposal,  based  upon  our  convictions  of 
justice  and  propriety,  we  can  only,  in  addition,  intimate  our  earnest  wish 
that,  should  it  not  be  acceptable  to  you,  you  will  inform  us  of  the  general 
basis  upon  vvdiich  the  Government  of  the  United  States  is  disposed  to 
negotiate  with  us. 

Although  we  can  scarcely  venture  to  indulge  the  hope  that  our  proposal 

will  be  acceded  to,  after  what  has  occurred,  our  duty  compels  us  to  submit 

it  to  you  for  an  official  reply.  I^i?> 

With  sentiments  of  the  greatest  respect,  we  are,  sir,  your  ob't  servt's,  "■'% 

JOHN  ROSS, 

EDWARD  GUNTER, 

R.  TAYLOR, 

JAMES  BROWN, 

ELIJAH  HICKS, 

SITEWAKEE,  his  x  mark. 

SAMUEL  GUNTER,  his  x  mark. 

WHITE  PATH,  his  x  mark. 

Delegates  of  the  Cherokee  nation. 
Hon.  Joel  R.  Poinsett, 

Secretary  of  War. 


[  T)oc.  No.  99.  ]  49 

No.  30. 

Department  op  War,  December  27,  1837. 
Gentlemen  :  I  have  the  honor  to  acknowledge  the  receipt  of  your 
letter  of  the  26th  of  December,  which  has  been  this  instant  placed  in  my 
hands.  Mr.  Mason's  letter  was  submitted  to  me  before  it  was  sent  to 
you,  and  received  my  concurrence  and  approbation.  It  must  be  regarded, 
therefore,  as  an  expression  of  the  opinion  of  this  Department.  The  treaty 
of  December,  1835,  is  considered  by  the  President  to  be  a  law  of  the  land, 
which  the  constitution  requires  him  to  execute,  and  therefore  no  negotia- 
tion can  be  opened,  or  proposition  entertained,  upon  the  basis  you  propose. 
The  Department  regrets  to  perceive  a  settled  purpose,  on  your  part,  to 
involve  your  people  in  the  difficulties,  and  to  expose  them  to  the  suffer- 
ings, which  will  inevitably  follow  their  opposition  to  the  treaty.  It  is  well 
informed  that  you  have  held  out  to  them  false  hopes,  which  have  led  them 
to  refuse  to  emigrate  at  the  season  of  the  year  best  suited  for  their  com- 
fortable removal.  This  is  very  much  to  be  regretted.  The  President, 
when  he  instructed  me  to  listen  to  any  proposals  you  might  be  disposed  to 
make,  was  governed  by  an  earnest  desire  to  conciliate  the  party  in  the 
Cherokee  nation  opposed  to  the  treaty,  and  secure  its  peaceable  execution, 
by  engaging  your  influence  to  aid  in  producing  this  desirable  object. 

The  unreasonable  pretensions  put  forth  in  your  communications,  both 
to  Mr.  Mason  and  to  this  Department,  have  destroyed  these  hopes,  and 
all  that  now  remains  for  me  to  say  in  reply  to  your  letter  is,  that  it  is  ex- 
pected the  Cherokee  Indians  will  remove  from  the  States  at  the  period 
fixed  by  the  treaty  of  December,  1835. 

Very  respectfully,  your  most  obedient  servant, 

J.  R.  POINSETT, 
Messrs.  John  Ross, 

Edward  Gunter, 

R.  Taylor, 

James  Brown, 

Elijah  Hicks. 

Sitewakee,  ». 

Samuel  Gunter, 

White  Path. 


